Forum
« good dumpster diving spots in brooklyn? How do I get rid of Crachheads in front of my apartment »
November 13, 2008
Lawyer for Property Dispute?
I need a recommendation for a lawyer that handles property disputes.
The apartment building next door has a retaining wall that runs along my backyard and is crumbling. If it fails I'm afraid my yard will collapse with it since my yard is higher than the apartment building alley. I would like to build a deck and landscape but I want them to fix the wall first. I spoke to the management company of the building and they told me the trees in my yard are causing the wall to fail so its my responsibility to pay for it and I should get ready and hire a lawyer! I met with an architect who said that the building owns the wall and they are responsible for it no matter what the reason for its failing. He said that my property and trees were there first, their alley was built lower than the pre-existing land and the wall was built up against my property, which all adds up to them having to legally maintain the wall.
So does anyone know a lawyer who can help with this sort of issue?
Comments
I'd phone the Building Dept. first & get a violation against the owner who would have to remediate the condition. The law is obscure about vegetation issues & you'd be better off letting the guy come after you if you can get the hazard fixed w/o having to pay atty fees.
Posted by: Arkady at November 13, 2008 1:58 PM
There is a DOB violation on this already but from last year before I owned the house. I called and was told I can put in another complaint. What is the use if they got off on a $800 fine last year and still refuse to fix it? I told him I wasn't sure if I should make a complaint or consult a lawyer so he gave me the phone number of the bar association referral service. I got 3 names, but I'm hoping I can get a referral from someone who has used a lawyer and can vouch that s/he is good.
Posted by: premadas at November 13, 2008 2:44 PM
My real estate lawyer is excellent. Not sure how much of these type issues he handles though
david fainkich
david@dfainkich.com
718-840-5860
Tell him I recommended you
Posted by: daveinbedstuy at November 13, 2008 3:23 PM
I would recommend a real estate lawyer. They're used to dealing with this stuff. We used Smith, Buss, and Jacobs http://www.smithbussjacobs.com/ for our closing in Brooklyn and were very happy.
Posted by: chnewbie at November 13, 2008 4:43 PM
There is only one guy to get. Stu Klein. Hands down the most knowledgeable real estate lawyer in NYC. That's now enough though. Anyone who's seen him in action will testify that he ties the heart and mind together to make arguments that resound.
He may be expensive so pray that you can afford him.
If he isn't an expert in your niche of real estate law, he'll know who is.
Good luck.
Posted by: OGI Management at December 17, 2008 7:20 PM
Post a comment
Please be patient while your comment is published. It may take a moment.