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July 8, 2009
Neighbor Tearing My Wall!
We live in a brownstone that pretty much like all brownstones in Brooklyn is right next to the neighbor's. Our next door neighbor has always been doing slight remos here and there but his latest one seems like trouble. He has been hammering as if with a sledge hammer a hole out of his basement to create and egress and regress door. I know he has no permits for this job and he's doing it himself. Our common wall seems to be under stress since we can hear crumbling sounds inside the dry wall. These neighbors have been really difficult and unfriendly, but at the same time we're afraid the retaliation with the BD on our end if we say anything. We need advice...
Comments
Should you gabble and tarnish your angelic standing?
Your blogging about your neighbor & The dept. of buildings.
Paltry attempts to save face now- are sterile.
Posted by: Brooklynchimp at July 7, 2009 8:38 PM
You're *
Posted by: Brooklynchimp at July 7, 2009 8:39 PM
I would consult an attorney about this immediately. You have a multi-hundred thousand, if not million, dollar investment at danger. Let your attorney handle the neighbor.
Posted by: bohuma at July 7, 2009 9:21 PM
Yeah, don't "gabble with it." Call your attorney. (Accurate spelling should be mandatory for snarky comments--othewise don't bother)
Posted by: realestateconfidential at July 8, 2009 5:46 AM
If the neighbor is not doing work within the party wall itself, you are probably OK. It's not uncommon to hear some mortar and/or plaster fall in those spaces whenever any work is being done.
If however, the work (egress door) is being constructed right at the property line then I'd be more concerned. If he is removing part of his foundation at that point then there could be ramifications to the integrity of the party wall. If that's the case, consult a lawyer.
If you yourself have noe potential issues with the DOB, then you might want to get them involved. Just be aware that once you open your front door to the DOB, that may effect you and anything they see that has been done in your house as well. Best to make sure they don't come in at all and, if it gets to this, only visit your neighbor's property (as long as you don't have an illegal deck or something as well).
Posted by: daveinbedstuy at July 8, 2009 8:33 AM
Way too many syllables to be a haiku.
Posted by: altervoce at July 8, 2009 9:43 AM
how do people with party walls in brownstones deal with the peeping tom problem?!
*rob*
Posted by: PitbullNYC at July 8, 2009 9:44 AM
The non-DOB and non-attorney route:
You should consult an engineer. Have him/her come out for about an hour or so ($100-200? Less than a violation or two and most certainly less than an attorney.) to assess the condition of your wall.
The egress/regress door is on a different plane and demolition would hinder the party wall only by vibration. But most wall collapses happen due to adjacent excavation and consequent disturbance of soil, not structural vibration (unless wall is in very poor condition). Research this.
BTW, why did Myrtle building collapse? If not by vibration and no other NYC brownstone case studies can be found that indicate such a risk of collapse, it might not be a problem. These party walls were built to last forever so long as the foundation is good.
***Bid half off peak comps***
Posted by: Brownstones Half Off at July 8, 2009 9:58 AM
I would check with your insurance company to see if you are covered against a worst-case scenario... My guess is probably not. Is he enlarging an already existing opening or starting from scratch? Is this below grade work? Is he going to excavate a stairwell?
Sounds like an advanced project with the potential for failure to be high. I would just casually remark that you are experiencing some movement as a result of the ongoing construction. Maybe ask him about his prior experience with this type of work. The name of his engineer? Not sure how the DOB will help except to issue a stop work order and a violation... if he allows them access...
Posted by: IMBY at July 8, 2009 10:10 AM
Oy vey!
If you know for a fact that they have no DOB permits you have guilty knowledge. You must contact the DOB as soon as possible. Calling 311 is your best bet. People can't just take sledge hammers to the exterior walls of buildings in NYC. We don't live in the slums of a Third World country.
Explain to the DOB that your complaint needs to be anonymous. They will send an inspector, stop the work, and make your neighbor hire a licensed engineer. That's the way it's done in the United States.
Posted by: sam at July 8, 2009 10:13 AM
Call the DOB.
Or go take a look at the collapsed rubble on Myrtle and then call the DOB.
Posted by: serpentor at July 8, 2009 10:40 AM
Call a professional - engineer or architect, then a lawyer.
The "crumbling" sound could be as simple as old plaster keys falling between the lathe and the brick, or behind your drywall. It could also be something a lot more dire.
Posted by: WBer at July 8, 2009 3:09 PM
Sam, as usual I appreciate your knowledge with things like this - am astounded actually.
And I especially liked your explanation about the house crumbling at Myrtle -- your description about the old foundations and all the rest.
It is late and you might not read this.
Posted by: BklynSoFar at July 8, 2009 11:05 PM
Call DOB asap. Our neighbor's plumber broke a hole in our party wall. We were able to see his boot through the gap. The plumber thought it was a great joke. Luckily our neighbor didn't and had it fixed quickly (so we didn't have to resort to lawyers or insurance policies, thank g**) -- but not before a DOB inspector showed up and gave him hell. The party walls are often more vulnerable than you'd imagine. All this deference to Victorian building standards is really nonsense. In past renovations, our neighbor has caused hairline cracks on our side -- as we have on his.
Posted by: grand army at July 9, 2009 6:36 PM
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