I am writing with a question regarding a reported encroachment related to a recent MiniSplit installation at my property.
The branch box was installed on the exterior wall of my home as part of a permitted installation. A permit was properly pulled for this work, and due to applicable code requirements, the system could not be installed on the opposite side of the house.
There is a narrow shared walkway between my property and my neighbor’s, and I understand they contacted the town claiming the branch box is on their property. I would like to clarify that the installation was completed in compliance with the approved permit and applicable code requirements.
I will be providing a photo of the current installation for reference. Please note that the wiring shown is temporary and exposed only because the contractor was instructed to stop work. Once completed, all wiring and components will be fully secured and concealed in accordance with code and standard installation practices.
Given the concerns being raised, I would also appreciate guidance on how future maintenance or replacement of my siding would be handled should access to this area become necessary.
Additionally, the neighboring property regularly uses the shared walkway to drain water, which often results in dirt and debris being washed into my front yard.
I have attempted to coordinate with the building inspector regarding this matter; however, they have been unavailable to date and have indicated they plan to visit on Monday. In the meantime, I would appreciate guidance on whether any further action is required on my end.
Thank you for your time and assistance.
Question Regarding Alleged Encroachment – MiniSplit Installation
byu/Fearless-Speaker1462 inRealEstate
Posted by Fearless-Speaker1462
6 Comments
Image of alleged encroachment below:
https://www.dropbox.com/scl/fi/wfdtdg72ercc31jgth0bs/Branch-Box.png?rlkey=vk6tb73ueokijw93wac8m4qv7&st=q1z9n9q7&dl=0
Inconsiderate to exhaust a mini split into a shared walkway and into your neighbor’s space. If i were the neighbor I would be deeply pissed off
Is there information missing?
Is this walkway shared with the neighbouring building shown in the picture? Are both single family properties?
What does “shared” mean? Two properties can not both own the same, but there can be sharing agreements. Is the property line down the middle of the path or does someone have an easement to use the pathway? Would the AC head block the ability to freely walk through the path?
More info needed.
As for water drainage, most regions ascribe that topic as a civil matter between neighbours. Until you can show that they are causing damage or breaking a rule, I think you are out of luck there.
Something can be up to code and still be annoying to your neighbors. I’m guessing this is both. It’s a matter of how much are you willing to do to be a “good neighbor”. Would you go without the units to keep the peace? Nah. Would you pay double to mount them somewhere else if it was an option? Again, probably not. Your neighbors going to have to accept that it’s a code compliant installation and you’re going to have to accept you pissed your neighbor off by having it installed. People get angry about things the “have no right” to be angry about all the time. It is what it is.
Won’t the branch box mount on the exterior wall of your property after they finish fishing the wires and coolant lines?
This is not a matter for the building department or inspector. They have NOTHING to do with making sure the work is on your property unless it’s super egregious.
You need to consult an attorney, likely in conjunction with a surveyor to determine your rights for installing anything above this shared walkway and maintenance of your home. Perhaps there’s a covenant attached in your property title that explains the usage rights of this shared walkway.