Question: What are the risks to neighbouring properties of an in-ground pool installation? Our house and our neighbour’s house were both built about 30 years ago. They are both two-storey, four-bedroom houses of about 2,500 square feet in size. We have a combined side yard of approximately 16 feet between us. Recently, our original neighbour sold to a younger family. They would like to install an in-ground pool in their backyard. This will involve removing a number of mature trees in their yard, as well as the excavation. They have approached us requesting our co-operation in allowing their pool contractor to take down several sections of our jointly erected fence and signing a waiver the contractor wants in relation to the installation.
We have an underground sprinkler system and recent improvements to the landscaping on that side of our house. We also have mature shrubs and trees on our side of the fence. Some immediate concerns that come to mind are the potential for damage to our foundation, plantings and sprinkler system resulting from the construction equipment and the excavation work.
We would be interested in your advice on what risks we could face if we accommodated our new neighbour’s request.
— Sincerely, Russell and Elizabeth S.
Answer: You are to be commended for seeking advice before complying with your neighbour’s requests. You may also have to contact at least two professionals, for further evaluation and advice, to ensure your property is not unnecessarily damaged by the planned pool installation.
I am encouraged by your new neighbour’s attitude, including you in their decision making process for a planned pool installation. This may be both friendly and smart on their part, depending on the building restrictions in your neighbourhood. Wanting to keep things neighbourly, they have made the wise choice to consult you before proceeding with something that could create significant tension. Also, by asking for your input and permission they know ahead of time if you would oppose their plans, should a variance be required from the city to allow the pool to be installed. If no variance is required, they may have been able to go ahead with the in-ground pool without your permission, simply by obtaining the proper permits. Either way, the disruption to you may be moderate to major, and asking for your blessing ahead of time is beneficial to your further relationship.
You are correct that there could be disruption, and even damage, to systems in your home and yard from the pool excavation equipment. Your tree roots may be cut, other vegetation affected and certainly the sprinkler system could be damaged if run over by heavy equipment. But the real concern would be potential structural damage to your house or foundation.
Having backhoes and trucks drive repeatedly between your two homes, during excavation, could cause vibrations and compaction of the soil that could negatively affect your foundation or outbuildings. If you have hairline cracks on that side of the foundation, quite common after three decades, these could increase in size from the added stress. At a minimum, vibrations from the equipment could cause your floors to shake, creating minor cracks in your walls or ceilings.
The first professional to engage should be an engineering firm to send out a structural engineer to assess the house in its current condition. Measurements and photos should be taken to document the current condition of things prior to any work. That way, if there is an issue, it could be evaluated relative to the baseline condition of the house prior to commencement of construction. If there is any significant movement or damage, having proof of the original state of things may help with any claims. Because you are doing this solely for the benefit of the neighbour, I would ask them to foot the bill, at least partially, for this evaluation and any other future repairs, such as the fence.
The final issue to address is the waiver you have been asked to sign. Before signing anything, I would contact a lawyer specializing in real estate law and have them review the documents. If this waiver is only to prevent you from suing the contractor or neighbour should anything be damaged on your property, I cannot imagine a positive response from the lawyer. It should be the responsibility of the neighbour and contractor to ensure they protect your house and yard from unnecessary damage and take responsibility for repairs should something unforeseen happen. The lawyer will surely recommend you contact your home insurance broker, as well, to determine if there is anything they need to be notified of in case of future damage to your house.
It is encouraging to see that your next door neighbour is consulting with you prior to a major undertaking that may negatively affect your property, but care must be taken before complying with their requests. Ensuring that you have a documented structural evaluation of your house done prior, along with a consultation with your lawyer and insurance broker, is critical to ensuring harmony between neighbours and preventing a large undeserved repair bill.
Ari Marantz is the owner of Trained Eye Home Inspection Ltd. and the past president of the Canadian Association of Home & Property Inspectors — Manitoba (cahpi.mb.ca). Questions can be emailed to the address below. Ari can be reached at 204-291-5358 or check out his website at trainedeye.ca.
trainedeye@iname.com
