neighbors foundation
hello the neighbors foundation is encroaching onto our property. Making us have to underpin their foundation in order to build our extension. We would not have to underpin if not for their encroachment. Adding $$$$ to our very tight budget, OUCH! Any ideas on how to proceed
hello the neighbors foundation is encroaching onto our property. Making us have to underpin their foundation in order to build our extension. We would not have to underpin if not for their encroachment. Adding $$$$ to our very tight budget, OUCH! Any ideas on how to proceed
i spoke to a lawyer he says not adverse but negligent possession, and he suggests writing a letter and trying to negotiate a common good.
interestingly, you could pursue something here. if it’s been there too long it might be adverse possession. then it would be a claim against your title company.
There is another extension on the other side but they have their foundation on their property. The FOOTING extends into our property we are going to have to but a 2’x 2′ under pining. They assured the previous owner about making sure that they did not encroach. I I just want to know the law or how people have dealt with neighbors encroaching.
What is the DOB going to do? Was the neighbor’s extension recent? Was it done to code? If it wasn’t, do you want to have them retroactively fined? What’s your goal? If you want to live in this place, I think a second opinion from an engineer is in order, or at least talk to you neighbor, before you decide to make the relationship acrimonious (unless it already is).
Plus, I can’t see how 6″ should be dispositive of whether underpining is required. 6 inches of dirt would not support a wall during excavation.
Party walls in these old places are usually about a foot wide, or more, with half of the wall on each property. I imagine that you do not have a neighbor with an extension on the other side, hence no issue there.
Hello all it is a row house it will be a party wall but their extension extends where it should not….about 6″ into our property. Can I call dob @311?
Your engineer’s advice is hard to interpret without more details.
If your extention is to go from lot line to lot line, and is not going to be dug down to the foundation level, then I guess I could understand that there would not be a need for underpinning.
Underpinning is necessary to ensure the stability of an existing structure if ther is excavation work being done next to it. when underpinning, the builder excavates under the foudation wall of the existing building and fills that space with concrete or some other material to reinforce the foundation of the existing wall. This is done in sections to prevent cracking or structual collapse.
The reason I ask about party walls is that in most rowhouses, the property line runs through the center of the party walls. So, unless your extension is not going to be against the lot line, and/or is not going down to the full basement level, then you’d need to underpin. Think about it this way, if your neighbor said they were building an extension and that they’d excavate 3/4s of the way or more down the side of your building to do so, you’d probably be concerned about the effect it would have on your place. At the end of the day, your place would likely be stronger with another building against it, but its the construction process that causes the most concern.
In any event, sounds like you’re stuck with it. I highly doubt that the neighbors would help fund your extension costs due to the fact that the base of their foundation 15 or 20 feet underground is partly on your property, especially if your party walls run along the lot line.
Are you in a rowhouse? Do you share party walls?
it will be adding 10K to our project
Thanks to all. To clarify:
1)The neighbors foundation spills into property their walls are on the propety line.
2)we are not going down further that our neighbors.
our OTHER neighbors foundation does not encroach so No underpinning.
3) we have a letter from our engineer saying we would not need to underpin without their encroachment