My question involves real estate located in the State of: Indiana
Our home is considered a "non-conforming" use, as well as the neighbor we share an entire block with. We are zoned Industrial-2, but have residential homes on our land.I guess the town was pretty lax with permits roughly 16 yrs ago. According to the town zoning and Our ordinances,any structure should be set 20 feet back from the front, and 40 feet on the side. Our neighbor's house is only set about 10 feet away from our property line, and his central air units actually just on our property line. So the long and short, their house is 30 feet too close to our property line.
This was not a big deal to me, other then if I fence in my property, my fence will be awfully close to their house and the wife is being ridiculous. I also want to fence in my backyard, but their back parcel comes over about 35 feet beyond their fence, in what would "appear" to be my land. To top it all off there is a public alley that separates both of our front parcels from our back parcels that we are working to vacate. This would cause some very odd looking fences built on angles and ours would come over next to their house in the front part, and theirs would come into "our backyard" in the back part... The neighbor claimed she didn't know that her property went behind her fence until now,but now wants to remove her fence and build a new fence to enclose her newly discovered property.(after we cleaned up the mice infestation)
What I would like to do is give up 25 feet of so of the front parcel for an exchange of 25 feet of the back. Since the front parcel is longer, I would actually being giving up a little more land in the deal but think it would be worth it, so we'd have a nice straight line to do a fence with and their house wouldn't be right next to my property line and fence.
The wife has now threatened to sue me for 4,000 for removing weeds and cleaning up a fallen tree from her property in the back that was not clearly defined up until the survey last week. There was a tree that had been up-rooted and knocked down a few years back that they left there, even after the previous owner of my home told them that was there responsibility. Apparently they came and told him he needed to have his homeowners cover the removal, and he laughed and told them that was their property. For whatever reason, they didn't bother with it for 4 years and have just now decided to do something with it.There were mice living in the uprooted tree and it was quite nasty.My husband just cut the wood up and stacked it, and that was after the husband said it was okay. If I had the nerve, I would send them a bill for clean up.
So..getting back to my main questions...Can I do anything about their house being too close to the property line, even though we are both non-conforming uses?
I would love if we could work this out in a neighborly way, but this woman is stubborn. The husband and my husband are friends, but the wife is crazy. The husband stormed out of the town meeting because she started making ridiculous claims about suing us for damages from the weed/brush removal. Maybe she could claim the fallen tree was yard artwork, but how does she get around the fact her husband helped? He called my husband to apologize for her, but it is obvious who wears the pants over there.
Thank you for any help.