How to protect your property rights

ByElle Murphy

When planning a new build or renovation, understanding your property rights is one of the most important steps you can take. Even when you’ve followed every rule and submitted all the correct paperwork, misunderstandings or complaints can delay your project—and cost you time and money.

A Real Example: The Ash Cape Project

When designing the Ash Cape for one of our custom home clients, we encountered a challenge during the permitting process. A neighbor submitted a letter to the city containing incorrect information, claiming the proposed home was more than three times larger than the original. That misinformation made its way into a local newspaper, sparking unnecessary scrutiny.

In reality, the project met all city regulations. The proposed home was within lot coverage limits, followed setback requirements, and replaced a structure that was unsafe and beyond repair. Despite this, the homeowners had to defend themselves in front of a city demolition committee because of the complaint.

This experience showed how easily misunderstandings in the permit process can lead to obstacles—even for projects that fully comply with local codes.

Balancing Historic Character and Property Rights

Preserving the character of historic towns is important, but so is protecting homeowners who follow the rules. Cities and towns need fair, transparent systems that prevent arbitrary delays and unnecessary expenses for those who are building responsibly.

Steps to Protect Your Property Rights

Here are practical steps every homeowner should take before starting a renovation or new construction project:

1. Research Your Property Details

Every city or town website provides property data, including:

  • Lot size and building footprint
  • Living area and gross area
  • Appraised value and property grade (which determines taxes)

Understanding this information helps you confirm your project’s compliance before submitting permits.

2. Calculate Lot Coverage

Lot coverage determines how much of your property is occupied by structures. Use this simple formula:

(Building Footprint ÷ Lot Size) × 100 = Lot Coverage %

Example: The Ash Cape’s footprint was 2,945 square feet on a .36-acre lot (15,681 square feet).
That equals 18.9% lot coverage, well below the 25% allowed in the neighborhood.

3. Know When You Need a Variance

If your current home or proposed design exceeds setbacks or lot coverage limits, you’ll need a variance from your local zoning board. For compliant homes, however, your project should proceed smoothly without additional approvals.

4. Understand Demolition Rules

For any project involving demolition, cities often require:

  • A public notice or placard on the property
  • Announcements in two local newspapers for 30 days

This process allows community feedback, but it can also lead to unnecessary complaints. Being proactive and transparent helps reduce these risks.

5. Keep Everything Documented

Ensure all permits, drawings, and correspondence are clearly documented and easily accessible. In the event of a complaint, having organized records will make it easier to demonstrate compliance.

Moving Forward with Confidence

The best way to protect your property rights is to be informed and prepared. Understand your local ordinances, communicate clearly with your builder and city officials, and maintain thorough documentation throughout your project.

If you’re planning to renovate, build, or even explore your property options, Amy Dutton Unfold can help guide you through the process—from reviewing zoning regulations to preparing design documents that meet city requirements.!