Need advice on neighbor relations during construction
Hello. I’m getting masonry work done on the exterior of my new extension. My house and the neighbors’ houses all lie right on the property lines, as it most often is with brownstones. My contractor needs to set up ladders, etc. in the neighbors’ yards in order to access the new shell, but my neighbors…
Hello. I’m getting masonry work done on the exterior of my new extension. My house and the neighbors’ houses all lie right on the property lines, as it most often is with brownstones. My contractor needs to set up ladders, etc. in the neighbors’ yards in order to access the new shell, but my neighbors do not want to grant my contractors any access to their yard. Has anyone been in a similar situation, and can suggest a good solution to this problem? Thank you.
Can anyone recommend a lawyer who has experience with getting access orders to make repairs? My neighbor refuses to allow access their alley, and the few lawyers I reached out to were unfamiliar with the law cited above….any advice would be much appreciated.
I appreciate everyone’s input.
I am learning that, because we live in an area where there is not even an inch between us and our neighbors, sticky situations arise when the inevitable time comes for repairs/expansions. I know that sooner or later, the time will come for my neighbors to make their repairs, too.
Thank you, Denton, Z and jfss, for taking the time out to share your helpful and informative advice with me.
Ongoing opposition by neighbor…………………………………………………..1
Use of word “dictate” in my post (actual or implied)………………………..0
Success to date of “tough guy attorney”………………………………………0
Need of Brownstoner advice in light of attorney failure…………………….1
Time, aggravation, cost of funding attorney…………….TBD, and growing
Future goodwill between neighbors…………………..TBD, and diminishing
denton has it covered. I went through everything z suggested and more when I needed access to my neighbor’s property to do building department approved work. Information sharing during planning, assurances, payment offers, formal contractor meetings, intermediary negotiations, significant additional cost for the design to be aesthetically pleasing on their side rather than the functional cheaper solution (and more) were all rejected my my irrational neighbors. I spent a couple of thousand on an attorney to get them to cooperate.
Although they were consistently rude (including foot stamping temper tantrums), at no time was I rude or inconsiderate. They had just gotten used to telling me what to do and they expected me to obey.
In spite of what vinca said, neighbors don’t dictate what you can build on your property, the building department does. A building’s light and air requirements come from their own property, not neighboring property and if they don’t own the view then it isn’t theirs to lose.
Get a tough guy attorney.
Bob’s point is very much to the point, and just a small part of what’s probably a much bigger picture. Do you think your neighbors have enjoyed your construction process, and will enjoy the permanent view of your new masonry? What view did they lose? Has your new extension instantly converted their sunny garden into a shade garden? It goes without saying that building an extension is not the same as repainting, or even gutting your kitchen or bathroom. You’re not finding it friendly or helpful for your neighbor to refuse access, but how much thought/consideration did you give them prior to undertaking construction? Now solutions are reduced to offering buy-offs or otherwise clobbering your neighbor with a suit, or threat of a suit—neither one particularly friendly either.
Agree with Bob. Our neighboring building, which is all rentals, hired someone to come in and re-do the masory work on the side of their building…
Day 1 – I come home to find my wood fence seperating the properties beat up and holes in the ground where they obviously put their ladders on my property.
Day 2 – I come home early and see them painting the side of the building. I confront the forman (also apparently the maintenace/garbage guy) “Who told you to access my property?” Well the guy who used to live in your unit, I always helped him out sooo…” He replies. I told him I would appreciate the notice before trespassing and also pointed out his lack of common sense because the weather is clearly calling for heavy rain and t-storms and he is painting.
Day 2 (At night) – Heavy Rains and storms sweep in as predicted and send gallons of paint streaming under the fense to settle nicely into my backyard.
Day 3 – Back at it again as I come home and they are re-painting. I told them that I will be calling the police if they so much as set foot in my yard and that they are stupid as can be for painting again when rain is expected again. The paint from the night before is now drying in pools in my yard is very attractive to say the least. They ignore me. Of course that night it rains again awith the same result.
Day 4 – I call the building owner based on P-Shark records and tell him what was going on. I advise a lawsuit and other remedies will be forthcoming. He hires a new crew to do the work, fires the old guy and provides us with a re-surfacing and paint job on our side of the building as pennance.
This worked out well finally in the end, but the fact is all of this could of been avioded had they notified and worked with me from the begining. It could have been extremely ugly if I were not as understanding and neighborly as I am and the neighbor didnt see the error and correct it.
Actually, I found it. Section 881 of the RPAPL.
Sec. 881. ACCESS TO ADJOINING PROPERTY TO MAKE IMPROVEMENTS OR
REPAIRS.
When an owner or lessee seeks to make improvements or repairs to
real property so situated that such improvements or repairs
cannot be made by the owner or lessee without entering the
premises of an adjoining owner or his lessee, and permission so
to enter has been refused, the owner or lessee seeking to make
such improvements or repairs may commence a special proceeding
for a license so to enter pursuant to article four of the civil
practice law and rules. The petition and affidavits, if any,
shall state the facts making such entry necessary and the date or
dates on which entry is sought. Such license shall be granted by
the court in an appropriate case upon such terms as justice
requires. The licensee shall be liable to the adjoining owner or
his lessee for actual damages occurring as a result of the entry.
PS: the applicable statute is found in the NY Real Property Law, but I don’t know the exact section
I’ve been thru this in a large building and here’s the deal:
You have an absolute right to access your neighbor’s property to repair your own if that is the only safe and/or effective way to make repairs, under the following conditions:
1. You must agree to hold your neighbors harmless for anything arising out of the work, so make sure you get insurance certs guaranteeing this;
2. You must agree to compensate your neighbors for any actual damages that you cause.
Any decent lawyer can gain you access to your neighbor’s property in 48 hours at a cost of around $3000.
This is NYC where buildings are packed in together and this is a very common situation.
While I agree w Bob, maybe you were unaware that your contractor needed access. I’d advise that you get a copy of the applicable statute, show it to your neighbor in a friendly way (to let him know what your rights are), and try and get him to agree. You know what it costs to go to court so you can use some of that to take care of him.