Legal

Derelict Building Causing Leaks in our Apt

Hi, I would like to ask if anyone has any suggestions for how to proceed with the following problem: I purchased a 3 family building 2 years ago…at that time the 3-family building next door was undergoing renovations and a very ugly addition had been built onto the top, raising it above our roof line…

by landofenchantment
02/10/2011

Hi, I would like to ask if anyone has any suggestions for how to proceed with the following problem:

I purchased a 3 family building 2 years ago…at that time the 3-family building next door was undergoing renovations and a very ugly addition had been built onto the top, raising it above our roof line by one extra story. They clearly didn’t do a good or legal job and are likely now in the process of losing the building. The work was never completed and stopped a year and a half ago and the building is now completely covered in mold inside. The original owner transferred ownership to his son I believe in an attempt to keep possession of the building. According to propertyshark, the son is still the current owner.

However they tried to sell the building about 6 months ago for about twice what it is now worth. I spoke with the real estate agent recently and he has not heard from them in several months.

Anyway, my big problem is that we now have leaks in our 3rd floor apartment in the shared wall which my contractor believes are caused by their illegal/shoddy construction work. I have left the son several messages asking him to help me solve this issue with no response. Given that they are most likely facing bankruptcy and seizure by the bank, I assume that getting a lawyer involved would be a big fat waste of time and money and just cause more damage to our building while it all works its way through the system.

So my question is: what are our options at this point? Can the DOB do anything? I have contacted our insurance company but am waiting to file a claim until we know a bit more about how to proceed.

We are hoping that once all the snow melts, the leaks will dry up for summer. My theory is that the snow is melting and running off through their 4th floor balcony and seeping into our building, but it could also be getting in from somewhere else. Very frustrating.

Thanks for your help!

Legal

Comments

  1. in rem

    adj. from Latin “against or about a thing,” referring to a lawsuit or other legal action directed toward property, rather than toward a particular person. Thus, if title to property is the issue, the action is “in rem.” The term is important since the location of the property determines which court has jurisdiction and enforcement of a judgment must be upon the property and does not follow a person. “In rem” is different from “in personam,” which is directed toward a particular person.

  2. homeowners insurance probably will not cover you for damage caused by your neighbors failure to maintain their property. Homeowner will cover you for wind blown rain that causes damage to your property but be careful as they may be high deductibles.
    In rem is an action against the neighbor’s property in this case for waste and trespass and damage to your property.

  5. Thanks DIBS–we can get across from our roof….that is something we are looking into…so far unfortunately it seems like we would have to demo walls over there to really get to the bottom of it.

    Maly, we will definitely let the insurance handle it, just trying to minimize the carnage in the meanwhile….also trying to minimize impact to our tenant on the 3rd floor who is wonderfully understanding…

    lalaland, do you work weekends? (lol…)

    What is an en rem proceeding smeyer418?

  8. How extensive is the leakage??? Can you get up on your own roof and then onto the adjoining one??? It it’s relatively easy repair, you might just want to go ahead and do it quickly. A permit is not required for a roof repair.

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