Neighbors Repointing
So… the apartment building next door has been repointing and painting. They have been using our garage roof to gain access to one wall. At no point did any one inform us that this would be going on, let alone ask permission to use our roof. Today, they used a ladder to get into our…
So… the apartment building next door has been repointing and painting. They have been using our garage roof to gain access to one wall. At no point did any one inform us that this would be going on, let alone ask permission to use our roof. Today, they used a ladder to get into our back garden, pulling up the fence I built to surround my vegetable patch. I phoned the realtor, who passed on my message to the owner. He called to apologise but then informed me that they intend to repoint the entire wall along our back garden, obviously killing lots of our plants. He promises they will “clean up”, but having come home and found my veggie patch torn up, I’m don’t have much faith in their ability to do this without destroying everything. Are we legally bound to allow them to do this, whenever they want? Or can we require them to do it at a time that suits us (i.e., fall or winter, or very early spring. Um, actually, any time that our plants and vegetables aren’t in full swing). Thanks. And ARGH!
Yeah, I meant “What denton said.”
You two look so much alike and share such common political views that it’s easy to get you confused.
“What benson said. ”
Hey dibs, benson didn’t say anything, I did!
In addition to all of above, make sure that YOU are named as additionally insured on the contractor’s policy (minimum $1million per occurrence), not just that the neighbor’s contractor has insurance. If an injury should occur on your property, they’ll be going after your insurance, no matter who hired them.
That’s interesting, because there is ivy here from the previous inhabitants. We don’t mind either way, but last year they cut a bunch down and threw it down on my veggies and killed our raspberry, so I’m already pissed at them. In any case, owner is coming over to discuss work and agree schedule, etc., and is supposedly bringing with him proof of insurance and written agreement to fix any roof damage (or damage from a leak) for up to one month after the job is done. Hopefully any leaks will show up by then.
Thanks to everyone for very helpful advice… here’s hoping we can work it out without any (more) trouble.
I had similar work done on a building & the neighbor (whose ivy had caused the need for repointing) would not give me access despite my having asked nicely & guaranteed any damage – although I do want to kill his invasive ivy. DOB, DOS, etc. told me I really had no recourse but to drop catwalks from my roof.
All good advice. I would be most concerned about the roof, and would tell the next door owner that they are not allowed access until the provide a proper protection plan, etc. The plants are annoying (I’d be pissed off too), but ultimately, physical damage is going to cost YOU unless you take action to protect yourself. Tell them you want them to pay for an pre-work inspection by YOUR architect/engineer.
What benson said. Chances are high that they may not even be licensed and insured!!! And yes, have the roof inspected (at their expense) if they are putting ladders on it without any underlayment. It sounds like a very irresponsible crew.
Thanks, everyone. I feel somewhat emboldened.
You will ultimately be legally bound to give him access to do his repairs under state real property law. But you are not obligated to suck it up if he is doing damage to your property. I would refuse him access until the landlord comes and pays you a personal visit and gives you a written plan concerning time of access, how he plans to protect your property, and what he will pay for damages. If it seems that damage to your garden is unavoidable, let him ‘buy’ it, put a number on it, which naturally will include not only the cost of the plants but your labor in re-planting. Get the money up front.
Make sure also as part of the agreement you get a copy of his/contractor’s insurance with you as a named beneficiary and a agreement to hold you harmless for anything that happens as a result of the work, and also an agreement stating he will be liable for any other damages.
If he takes you to court for access this is what a judge will order anyway. I’ve been thru this with big properties.