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I own an apartment in NYC that has a common or party wall with my neighbor. It is one wall and it shared between the two buildings. He wants to add another floor and I would like to know my rights. That building was built 75 years ago and I am concerned it will impact the safety of my building.
Optional Information: State/Country relating to question: New York Already Tried: This just came up
Hello and thank you for the opportunity to assist you. There might be a slight delay between your follow ups and my replies as I am typing out my answer, or taking a quick break. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.I am sorry for your situation. First, confirm whether he can or cannot do so by your building's governing board (if any). They bylaws are binding on all parties. If he persists to do this despite a bylaw that does not allow him to do so, then you (or the body) may sue him for negligence per se. A violation of any statute or ordinance may be basis for negligence per se if Plaintiff is meant to benefit from said statue/ordinance. Van Gaasbeck v. WEBATUCK CENT. SCH., 21 NY 2d 239 - NY: Court of Appeals 1967.Otherwise - assuming it is allowed - you would have to file in Court yourself and show that his construction would be a safety factor for your situation. Then it is up to the Court to decide, of course. If the Court agrees that it is dangerous, it may issue an injunction prohibiting him to do this.I hope this finds you well. Please remember that I do not get credit for my time with you unless the answer is rated/concluded by you (a bonus is not mandatory but is much appreciated); I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you still need information, hit reply so we can chat until you are satisfied. You may always come back to it to ask follow ups on this topic free of charge.
There are no governing bylaws as far as I know. He wants to take me to court can he build on the common wall without my consent. What if his construction would precluded me from adding a floor to my building.
Then it would be up to the Judge to decide whether or not he can proceed. He cannot if his Plans unreasonably oppress or restrict your property, or your enjoyment thereof.I hope this finds you well. Please remember that I do not get credit for my time with you unless the answer is rated/concluded by you (a bonus is not mandatory but is much appreciated); I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you still need information, hit reply so we can chat until you are satisfied. You may always come back to it to ask follow ups on this topic free of charge.
One last question then Ill accept you reply. Are you saying he has a right to build on the coomon wall without my consent unless it unreasonably oppresses or restricts my property. Does he need to provide proof that it will not structurally alter or impare my ability to add floor(s).
Please ask as many questions as you need to - this is what I am here for. Are you saying he has a right to build on the coomon wall without my consent unless it unreasonably oppresses or restricts my propertyYes, or unless it is dangerous.Does he need to provide proof that it will not structurally alter or impare my ability to add floor(s).Not unless you challenge him in Court.I hope this finds you well. Please remember that I do not get credit for my time with you unless the answer is rated/concluded by you (a bonus is not mandatory but is much appreciated); I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you still need information, hit reply so we can chat until you are satisfied. You may always come back to it to ask follow ups on this topic free of charge.
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.