Homeowner Says City Let Neighbor Build On His Property


POSTED: Thursday, April 21, 2011 - 4:13pm

UPDATED: Tuesday, April 26, 2011 - 10:03am

EL PASO - A Northeast El Paso man is stuck between a rock and a hard place. He says his neighbor was building a rock wall on part of his property, so he complained to the city. However, he says the city did nothing to stop the construction.

Jonathon Lambert says the city issued his neighbor a permit to build the wall higher without his permission.

"'Written approval of adjoining property owners must be submitted with the application for a building permit.' I have never submitted or given anyone written permission. Never," Lambert quoted part of a city code that he says Code Enforcement blatantly ignored when they issued the permit.

Now the wall is set in concrete, and it's something he has to deal with every day.

"One, my visibility backing out of my driveway has been restricted. Two, as you can see the addition on that portion of the wall right over here does not blend, and it's just not acceptable," he said.

We questioned the city to find out why they issued a permit when one homeowner did not agree to the wall. They told us the neighbor gave her word the wall does not sit on Lambert's property, and they said it's not their job to figure out who's property the wall sits on. Now Lambert could have to use time and money to get the wall torn down, despite the fact he raised concerns over the wall before, during and now after the wall was built.

"Why do I have to go pursue this when I made the phone call and requested support from Code Compliance?"

We'll let you know what happens.

Comments News Comments

So does this mean any homeowner can start building things and just give their word its okay with their neighbor?

It is their responsibility because they are the ones with the property plans and etc so they should have to verify if the person building something is in compliance with said documents.

I bet if they were diging the city would be all over them for not getting a permit for that.

I have to say this is a major breach in compliance laws for homeowners that the city goofed up.

The encroachment neighbor needs to tear the wall down and rebuild within city code and on his/her property.

I think the city is responsible for Mr. Lambert's dismay. How can they issue a permit without the other neighbors written consent? How can they rely on their WORD? This neighbor did not respect the boundaries and should have built his rockwall on his property only therefore not causing any obstruction on Mr. Lambert's driveway. This neighbor wouldn't like it if someone else build or planted across his property line, that's why we have property lines.

Simple, Mr Lambert, you didn't pay enough to the City or the Code Enforcement officer. Remember, you are living in Mexico, not the USA. Gratuities are now required. Your neighbor just paid more than you did.


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