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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36909
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My wife and I share two twin one family homes with a man and

Resolved Question:

My wife and I share two twin one family homes with a man and wife and their three young girls. I was informed that they were going to have work done on the front and the back of the properties. It seems that since the husbands parents moved in, and since the wife started a daycare business in the home, more space is needed.
I would like to know if I have any rights, or any say in these matters, and to what extent. The husband is very arrogent in a quiet type of manner, and is used to being the boss. He has a degree in civil engineering!! I realize he has a right to make structural alterations on his property, but I believe this is so as long as he doesn't alter anything on my property;is this correct? They also erected a fence in the back yard which is fine, yet if the fence is set up right on the dividing line, giving his business more room, but now there is less room for a fence that I wanted to erect, is this proper? Plus cement or concrete from his fence has leaked onto my lawn, and will have to be cracked or cut in order to be removed. Please help me with any advice and/or suggestions.
Carl H. Brown Jr.
Jamaica, Queens NY
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.


Will he be making any changes to any adjoining portions of the property?

Customer: replied 1 year ago.

We share one overhead awning above our two twin doorways. He plans
to change the whole thing. He wants to rip it all out and re build his own


awning. He states this is necessary because the previous owner didn't


take care of the property, so much of the home has deteriorated. I do see


this is true just by looking at the building, but I thought each owner shares equally on facade decisions. Please advise?


 

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Carl.

In this stuation you have the right and the ability to stop such 'improvements'. The reason is because if he is changing your property and your awning, he needs your consent to do so. As a consequence your thought and belief is correct--he can change his portion of the facade on his own without your consent, but if if he wants to rip out everything including your facade, it involves consent to you and permission since he could arguably hold you liable for half of the repair costs.

Good luck.

Customer: replied 1 year ago.

I have no problem with rating your responce as good or better, but


would you please respond to the last five lines of the second paragraph


I submitted concerning the fence in the back yard? This really troubles me.

Expert:  Dimitry K., Esq. replied 1 year ago.

Carl,

Sure thing, I would be hapy to. My apologies on not responding to it right away.

In terms of fences, provided that the fence is solely on his property, such a fence is proper. Unless he is physically interfering with your rights and abilities to use your own land and property, or the fence violates zoning regulations, the fence you describe is permitted. As for any cement that leaked over or caused damage to you, that becomes his responsibility to repair, remove, or otherwise modify to ensure no harm is caused to your own lot.

Hope that helps and please let me know if I missed anything else.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36909
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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