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July 30, 2009
Neighbors - Wall Sharing - Law
I have built a new home in Park Slope and it is a townhouse, sitting attached to another townhouse. In order to get the certificate of occupancy, I have to extend the neighbors chimney. However, they are not allowing us to do this. Is there anyway that this can be done without their approval?
Comments
Are they upset because your new townhouse is taller and obstructing thier view?
Posted by: jack slade at July 30, 2009 4:38 PM
They are always upset. They have a very bad attitude and groveling is what they need and we have done quite a bit of that already. We want to gain some power back and learn the laws.
Posted by: kbParkslope at July 30, 2009 4:42 PM
how did you possibly get to this point without figuring out how you were going to get this done?
Posted by: NorthHeights at July 30, 2009 4:49 PM
Well I can see why they're bitter.
Smells like a disaster waiting to happen with heating season approaching. Use your lawyer.
Posted by: jack slade at July 30, 2009 4:51 PM
"Use your lawyer."
Posted by: Brooklynchimp at July 30, 2009 5:03 PM
Northheights - It was the NYC Inspection that requires it and our incompetent architect that never told us this needed to be done. Very upsetting, now we are kind of stuck.
Posted by: kbParkslope at July 30, 2009 5:05 PM
"our incompetent architect that never told us this needed to be done."
As someone who has been in a similar situation in the past, I'd recommend addressing the issue with your architect first. Since it was their negligence that led to this situation in the first place.
Second, I'd seriously consider attempting to affiliate with your neighbors, again. The shortest, less expensive and beneficial option is this one.
Lastly, consult a lawyer. With their help and your architects this matter can be resolved without the consent of your neighbors. But I'd advise this as a final alternative and not as a quick solution.
Good luck.
Posted by: Brooklynchimp at July 30, 2009 5:17 PM
It's got to be incredibly disturbing for your neighbors to find out that you and your architect neglected such an important consideration... They must be wondering what else you've missed and if there are any dangerous conditions that will negatively impact them in the future.
Posted by: SJ at July 30, 2009 5:26 PM
Have you offered to pay them for the work plus offer additional $$$ for their inconvenience during the construction? Sadly, this is more often than not the most common way to get a non-cooperative neighbor to allow work like this to be done...after that, hiring a lawyer and throwing your relationship with them into the garbage would be the next step. Try to diplomatically work it out with them...See what it would take for them to agree to the work. My 2 cents.
Posted by: 60designers at July 30, 2009 5:39 PM
I take back what I said. I was curious and did more research for you. Follow these requirements (link below) and you should be fine...Your architect really should be doing this research for you. Tell them to pick up a code book. I'm an architect, so it baffles me why someone you're paying to figure this stuff out doesn't do their own homework.
New York City Administrative Code § 27-860: Adjoining Chimneys
Do a search for 27-860 in the following link.
http://public.leginfo.state.ny.us/menugetf.cgi
Good luck.
60designers@gmail.com
Posted by: 60designers at July 30, 2009 5:56 PM
For some reason that link didn't work.
click main menu, then click laws of new york, then type 27-860
that should get you there.
Posted by: 60designers at July 30, 2009 5:58 PM
BC, Dont jock me.
Posted by: jack slade at July 30, 2009 8:40 PM
Thanks everyone. Trust me I have been kind and have paid the neighbors for any problems. They are just very difficult and did not even let us waterproof a piece of our house adjoining to ours. They are not happy people and the truth is I would have loved to be friendly with them.
60Designers - you are the best!
Posted by: kbParkslope at July 31, 2009 4:05 AM
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