Neighbor's Consent?
I am about to do some facade work on my brownstone and my next door neighbor, who is a nightmare, is sure to make things difficult. Previously, he has said that we could not set foot on his property when we needed to paint. We worked around it then — not easily — but this…
I am about to do some facade work on my brownstone and my next door neighbor, who is a nightmare, is sure to make things difficult. Previously, he has said that we could not set foot on his property when we needed to paint. We worked around it then — not easily — but this time, for sure we will need to be on his property to chemically remove the facade’s paint and then, to restore the wall to its original brownstone. This wall is the border of his areaway, although it is technically my wall.
So my question is this: does my neighbor need to give me access to do this work and if he doesn’t, what recourse do I have? The mason doing the work can indemnify them on their insurance but should I write a letter advising them of the work and nicely ask them to allow access? Or do I act first and ask permission later? My fear is that if they don’t allow us access the job cannot get done. What rights do I actually have?
be clear what your requesting (i.e. why you need to do the work, when you need to do what steps you’re planning to take to protect the adjacent owner etc.
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when you need to do what steps you’re planning to take to protect the adjacent owner etc.
Can you let me know who is doing the work for you?
I may come up with the same problem myself when I eventually decide to have paint stripped from facade.
K
I went through this. The law is on your side, but it costs money to get a court order because you’ll have to hire a lawyer etc. Establish a paper trail for your request ahead of time in case your neigbor refuses to cooperate. You want to show that you’ve been reasonable and be clear what your requesting (i.e. why you need to do the work, when you need to do what steps you’re planning to take to protect the adjacent owner etc.
jlo- Ask them first and see what they say. there’s no reason to write a scenario before you know how they’ll actually react. Then if they give you a hard time you can let them know what the law says- but also be aware if you come out right off the bat with all guns blazing, you’ll surely have a bigger problem on your hands than you may or may not have now.
Good luck- hope your neighbor surprises you and acts “neighborly.”
Ask and you shall receive. Thanks all…this is why I love brownstoner!
Drop your neighbor a note describing your plans and timeframe. Ask them if the timeframe works for them, or if they have another preference. Provide a copy of the following with your note, and ask whether they’d be willing to draw up a written agreement with you, or whether they’d prefer you obtain access via court order – NYS RPAPL, Article 8, Section 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.
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