Legal Question in Real Estate Law in Virginia

exempt due to pre-existing condition? question

we are homeowners in fairfax county, VA. we bought our home last year. the previous owners, who we bought the house from, had a swingset installed 4 years ago. we bought the home and our 3-year old adores her swingset. our nasty neighbors don't like looking at the top of it, though, appx. 4 feet of it peeks over our privacy fence. they are taking advantage of an 1970 legal loophole and have filed a complaint with county zoning (ordering us to chop the swingset in half). we are going through the motions...but i can't help but wonder, do we have any recourse whatsoever due to the fact that the swingset is a pre-existing structure? thanks so much for your help ----name removed-- KP in VA


Asked on 1/21/04, 4:05 pm

1 Answer from Attorneys
John Sawyer Sawyer & Azarcon, P.C.

Re: exempt due to pre-existing condition? question

An attorney would need to review the complaint, receive exact information about the swing's measurements and compare that information to the relevant ordinances. I encourage you to contact a local real estate attorney, ASAP.

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Answered on 1/21/04, 4:56 pm


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