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May 2, 2008
Neighbor's extension has side windows..
We're wanting to build an extension onto our 3-family building but our neighbor has already done so and has put windows on the lot line (sides of the extension). We have always assumed that it would be his tough luck if/when we built something. However, a contractor friend indicated that it could be a problem...It's unlikely that hte extension has been "grandfathered" in; it's not more than 20 odd years old...We spoke to an engineer at the Dept of Buildings who indicated that if they filed plans that included lot line windows, we're screwed...has anyone encountered a similar problem?
Comments
My son's mom and her gf faced a similar problem. They were building an extension (permitted) which would abut their around the corner neighbor's back wall (at the property line). They were advised they could build up to it. The only problem was that there was some sort of boiler vent coming out the top of it, which illegally intruded into their back yard airspace. While they could have won a lawsuit, they instead did a small redesign of the roof line of the extension which allowed the pipe to remain for now. So that experience doesn't seem to be consistent with the advice you have been given. Do you have an architect or an expediter? S/he might have a better answer.
Posted by: Putnamdenizen at May 2, 2008 5:51 PM
You need an easement with your neighbor to be able to install lot line windows if you want them for legal light/air. If it's not for legal light/air (meaning they are just convenience windows that are not necessary for the life safety or legal well-being of your neighbor), I think you can build right in front of their windows, but you should get a lawyer.
Posted by: guest at May 2, 2008 6:22 PM
You are not constrained by a neighbor's windows. You have the ability to build to the maximum allowed by the site's zoning constraints, and that has nothing to do with a neighbor's building or its configuration. If you close their windows by doing this, they are responsible for closing up their openings. Sounds harsh, but otherwise no one could build anything in the city.
Posted by: Smokychimp at May 2, 2008 11:22 PM
smokeychimp is absolutely correct and here's a story that reinforces his point:
By the way, smokeychimp, if you return to this thread and see this, I was wondering if you could contact me at johnife A T panix D O T com. I would like to get into an off-line communication with you about the solar panel question I had a while back on the forum. Thanks.
Posted by: johnife at May 2, 2008 11:39 PM
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