Air Rights

Thank you all in advance for your help with this issue.  I have 2 separate questions relating to the same topic.  Background: I purchased a Brownstone in Manhattan 1.5 years ago.  I worked with a real estate agent for approximately 2 years in finding the right building.  One of several specific criteria was that the building needed to have sufficient air rights to build at minimum an additional level.  The building I purchased was marketed as non historic with approx. 1000 feet of additional air rights. This was included in the set up for the building as well as discussed with broker / seller.  However the broker clearly states that I am advised to hire an architect / lawyer to check any figures provided.  I did just that.  I hired an architect who has provided me in writing an assessment of the air rights remaining and charged me for plans pertaining to the addition i planed on building on the roof.  This additional level was going to duplex the top apt / which is where i would eventually live with my family.   I also hired a well know legal firm to handle the closing.  While i do not have any specific documents in writing where we discuss air rights, my attorney was well briefed of my plans.  I should point out that i have almost no emails to or from the attorney other than emails requesting documentation related to the closing.  My attorney was well informed of my expansion plans. I was recently informed by a neighbor that all the air rights for a number of buildings on my block had been sold 20 years ago to a high rise a few doors down.  When I asked my attorney if this was true he checked the title and came back saying that in fact my air rights had been sold.  he then sent me an email saying that he never informed me of this as he never was aware that this was a discussed issue during the deal. ** (“****I reviewed my file last night. The term sheet send by the broker makes no mention of development rights.  Although some time has passed, I recall having many conversations about the deal with you. I do not recall you (or anyone else)  ever mentioning development rights. “)** Regardless of ever mentioning these development rights (he said, she said) i believe it was his responsibility as closing attorney to make me aware of anything important in the title.  I was never provided the title as he ran title and it was sent directly to his office. I only received a copy several months after closing.  In my opinion, not owning the space above your house is note worthy.   Question 1 – Does anyone have an attorney experienced in these matters for NYC.  I believe i have a case against; 1\. the architect who i paid to check the air rights and charged me for development plans for those rights.  2\. my attorney who failed to perform his duty during closing.  Question 2\.  I spoke with an architect who told me that there may still be excess development rights given the shape of the building, and various internal shaft ways, etc.  this could be as much as 250 feet.  this additional footage would provide me a small bedroom on the roof to turn my one bedroom into a 2 bedroom and give my son a place to sleep.  however it appears that in addition to purchasing the development rights they also purchased the rights (i forgot the legal name) to a clear view.  there are currently a number of AC compressors on the roof which are 6-8 feet tall.  I am wondering how many feet above the roof is included in the line of view.   Would it be possible to for example remove these AC compressors and put a very small and low addition on the building.  Any info greatly appreciated.

me4pres

in Lawyers and legal service 12 years and 3 months ago

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hdlbklyn | 12 years and 3 months ago

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It would seem as though you have a good case against the title company or your attorney. Your architect is really only responsible for determining the development potential of the property given zoning and city regulations, DOB, Landmarks. This is more of a legal matter than an architectural one.

zampano | 12 years and 3 months ago

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The documents showing the zoning lot merger should have shown up in the title report. Typically, these show up as “zoning exhibits” in a format prescribed by NYC DOB and a a “ZLDA” which is a document between the parties transferring the development rights. I’m not a lawyer but one ought to be on the phone looking for damages either from the title company or your previous lawyer.

cdw234 | 12 years and 3 months ago

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I dealt with something like this a few years ago. A lot depends on the written agreement you have with the vendors as to recourse. You may be able to build a bulkhead on your roof … I worked with Robert Gumenick (robert@gumenicklaw.com) and he was great….