Access to Adjoining Property
My neighbor refuses to allow me to access my property through his alley to make neccesary repairs (my wife and I have made several attempts at reaching solution but they refuse). We are hoping that someone will have a suggestion for a lawyer who handles access orders so we can fix our wall….any suggestions?
My neighbor refuses to allow me to access my property through his alley to make neccesary repairs (my wife and I have made several attempts at reaching solution but they refuse). We are hoping that someone will have a suggestion for a lawyer who handles access orders so we can fix our wall….any suggestions?
Once work begins make sure your contractor understands his crew needs to be extra careful accessing the yard and doing the work because of how much trouble this neighbor might be.
Good advice above. You (or your lawyer) will bring an action for a license to access adjoining property. It is brought by an order to show to cause and is relativiely quick. the court will probably require you to post a bond, produce your contractor’s license, detail what you will do to protect your neighbor’s property, how long the work is expected to take, etc.
BTW there is a proceeding under the Real property Law (I think its the section 8811 mentioned above) that gives you the right to do the repair. Its a special proceedings that you serve paper on your neighbor and go to court where they either work out an agreement or a judge orders your neighbor to allow you to do the work. It specifies the time for the work and requires you name your neighbor as an additional insured and/or post a performance bond. Its a pain for both you and your neighbor. I suggest you see a lawyer learn what would happen under the RPL and go then go speak with your neighbor with a copy of law. Offer to put in writing what the court will order anyway and save him the time of going to court and getting a lawyer. Its either do it now nicely or do it later by court order. Maybe he will appreciate it: maybe he will just be a jerk but in any case you will get your work done and possibly save time or have a clear conscious…
Neighbors can be real pieces of work. Happened to me in Ft Green. I found out neigbor was pissed cause she wanted to buy the house. Anyway, hate came our way for first 2 years and we smiled and keep saying hi and eventually they changed and we were cordial to each other. You have to deal with them, my suggestion wear them out with kindness. It is kinda condesending really so I had fun irritating them with my smiles and it worked to my advantage in the end.
You will need to hire an attorney for an 8811
Why is he not allowing access? Is there more to the story, like it would require men and materials to trapse through his house? Or did you piss him/her off by doing something un-neighborly? Maybe the work you are going to do will affect him adversely?
I had a similar situation last year where my neighbor decided to help himself to access to my yard, damaging a fence and coving my yard with paint. But it was due to an inept contractor and if he had asked permission before hand it would not have been a problem and I could have monitored.
If there is more to the story, be prepared for a fight…
Have you tried… “Awwww, come on man, don’t be a dick.”
Call Allyn Crawford, esq at (718) 273-9414
Jock deBoer, AIA
deBoer Architects