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About John C. Carlson
Expertise
Any questions regarding commercial and/or residential appraising, appraisals or real estate valuation such as: appraising as a profession, valuation techniques, comparable sales selection & analysis, the new HVCC and how it affects appraisers & Borrowers. Also, questions like: "Why did my appraisal come in low & what can I do about it?" I cannot answer questions about comparable data in areas in which I do not practice. I have expertise in most areas of So. California.

Experience
31-years both commercial and residential valuation experience. State of CA Certified General Real Estate Appraiser, licensed to appraise all property types. FHA Approved. Specialized expertise with historic, architectural & luxury residential property valuation. Experienced in industrial building and small commercial property valuation. Experienced Reviewer of appraisal reports and expertise with intensive forensic reviews to uncover fraudulent appraisal reports. Expert Litigation and Expert Witness experience.

Organizations
Associate Member of the Appraisal Institute. Associate Member of the Certified Fraud Examiners.

Publications
Numerous posts to Blogs. Please "Google" "John C. Carlson Real Estate Appraisals" where a list of responses I have made will show up.

Education/Credentials
Numerous classes by the Appraisal Institute since 1978 in the practice areas in which I specialize

Past/Present Clients
First Republic Bank Wells Fargo Bank California Bank & Trust Preferred Bank Numerous Attorneys.

You are here: Experts > Shopping > Home Buying/Selling > Property Valuation/Appraisals > neighbors deck xpansion

Property Valuation/Appraisals - neighbors deck xpansion

Expert: John C. Carlson - 11/5/2009

Question
QUESTION: Recently neighbor added deck steps to elevated deck.The problem is that her deck landing is so close to my deck I can not even get a paint brush in to stain/seal my deck.There is a 4-5 foot section I can't reach.Afraid this will eventually rot if it's not water-proofed.The deck cost about 4,000 dollars.The building inspector does not agree and told me to go to a magistrate to handle the problem.I am willing to do so for I need to do protect my investment and see that a future buyer would find a problem.But,I am perplexed..if the stairs are on her side of the duplex,but so close I can not even get a thin paint brush in to do the whole section(about 12 inches wide).Should I see a magistrate on this? It's got me in a spin...they told me it sounded like a code violation..but now it's a different story,but I still can not get in to work.She had to "cram" it in because there was no room... Thanks James

ANSWER: Mr. Porvaznik,

It seems that you have already had a "building Inspector" to your property. Was this person from the City or community where you live? If not, before I go to a magistrate and involve attorneys, I would first go to the planning and building departments in the City/community where you live. The neighbor should have obtained permits for the deck.

At the counter at the Building Dept. give them your neighbors address and ask to review the building permit file for your neighbors property - this information is a matter of Public Record. If you don't see any permits in the file for the deck, ask for all handout material and building code information about deck installations that they have.

Then read it thoroughly. Look carefully at what the documents say about set back requirements. If the requirements specify that a permit is required for a deck installation and your neighbor doesn't have a permit, you can file a complaint about an unpermitted addition to the property.

Then you might contact a reputable contractor or experienced home inspector to come out and look at the decks. Especially the contractor may have a suggestion how to get paint or stain into the area you can't access to protect the wood.

If you still don't get any resolution to this matter, you are going to have to file a complaint with the magistrate or hire an attorney. However, try to resolve this in an neighborly manner because you are still going to be living next to your neighbor. Maybe they will offer to stain the section of wood that you can't stain and protect?

Good luck!

John C. Carlson
CA Certified General Real Estate Appraiser
Diamond Bar, CA
www.jccrea.com

---------- FOLLOW-UP ----------

QUESTION: Yes, this building inspector was from the city.He told me my neighbor built the deck without any permits,but she agreed to get them.This whole thing started when I noticed that parts of her stair supports were under my deck and one of the others was way over my property line.I mentioned this to her in a note on her door.She corrected these things.She said her contractor said they were on her property...and said she would get a survey.Well,that never happened.Can not believe that there are not set back requirements here in Pittsburgh,Pa.The inspector told me to go to a magistrate..but I am leery.My neighbor will not let me on the stairs fearing any liability should I fall.It does not make any sense to me.Just give me the room to work...

Answer
Mr. Porvaznik,

It sounds like there may be what is called an "encroachment", meaning some of the neighbors deck crosses over and "encroaches" on your property.

I again suggest that your first course of action is to see if permits were obtained. In order to get permits your neighbor would have to correct any code violations that were present. Go to the City Building Dept. and confirm that permits were obtained. Get copies of the permits if they were obtained. Then contact a competent contractor and have them inspect the construction. If the contractor feels that the deck was not constructed carefully, or if permits have not been obtained by the neighbor, you're going to have to file a complaint with the City to get this corrected.

It's best if you try to stay on cordial terms with your neighbor, but you have to have the opportunity to paint your own deck.

Good Luck

John C. Carlson
CA Certified General Real Estate Appraiser
Diamond Bar, CA
www.jccrea.com

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