Scaffolding on our building!
So building next door was purchased about 6 months ago; since shortly after the new owner took over the building (which was falling apart), he placed scaffolding on his stoop, building and part of ours. He never asked permission, and there have been no signs of starting work anytime in the near future. We feel a bit perturbed, and aren’t sure what to do. Are we overreacting? (our house is the light grey one with the darker grey on top…) Thanks! [Image1](//muut.com/u/brownstoner/s2/:brownstoner:o948:image1.jpg.jpg)
greencat
in General Discussion 9 years and 10 months ago
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shahnandersen
in General Discussion 9 years and 10 months ago
Just a caveat to the recent comments. The issue about the agreement and the trespass assumes that your stoop is at least partially on your property. In the case your property does not extend beyond the building line (unusual) and the Stairs are entirely in the bed of the mapped street the situation would be less clear.
xprometheusx | 9 years and 10 months ago
Well we could theorize for years. It is an issue that the shed is there, contacting the owner of it is all they can do. We have been entertaining every scenario, but I haven’t heard the original poster say anyone got hurt putting it up.
slopefarm | 9 years and 10 months ago
Bit of a false equivalence for at least two reasons. First is the likelihood that a worker, spending considerable time on your property engaged in an activity with some risk of injury will actually suffer injury, compared with the very low odds that anyone walking by your house will trip and suffer injury and sue. Second, for the worker’s injury, you might be liable under labor law 240 or similar statute which holds the property owner strictly liable (i.e., your lack of fault does not matter). With the sidewalk, you would have to at least be negligent and there are other barriers to suit. The attendant risks are very different. Besides, you should have a homeowner’s policy in case someone trips on the sidewalk and sues. With the shed, another actor is heightening your risk. You shoudl of course let them on your property, but they should take the responsibility for the risk they are creating and you would be wise to insist on it.
xprometheusx | 9 years and 10 months ago
A regular civilian can trip and break their face with your sidewalk. It’s possible to be sued there too, am I going to get a waiver from everyone walking by my building? As far as what the owner can do, contacting the other owner is the next step. Someone mentioned a lawyer, so that’s possible.
slopefarm | 9 years and 10 months ago
It is not strange at all. Sheds are built as part of safety measures for projects that DOB has oversight for. But the fact that sheds are for safety does not mean there is no liability risk. The moment someone steps on your property to put up part of the shed there, you are incurring risk. If that worker should fall while on your liability, you can be sued as the landowner, even if you have no fault at all. This is particularly true if the worker is at all off the ground, i.e. on scaffolding, etc. And of course, someone can do damage to your property by putting up a shed on your property. Drop a hammer by accident through your (landmark protected) window? Lots of things can happen.
So yes, they are supposed to get permission before coming on to your property to do any work, including erect a shed, and that is your opportunity to make sure you are protected.
xprometheusx | 9 years and 10 months ago
The city sidewalks are property of the city of New York. The Department of Transportation. But the DOB issues permits for sheds, strangely enough. I see what you’re saying, I’ve just never heard of a shed causing damage. I didn’t find anything posted on this thread someone was trespassing on his property either. A shed is for protection. The work that will be done is typically filed on a separate application, in this case there may be demo, causing a notice to the neighboring properties, as well as filing of Project Specific Liability Insurance. A SHED PERMIT DOES NOT ALLOW ANY WORK TO BEGIN. If they are working without a permit call 311. Thank you!
shahnandersen
in General Discussion 9 years and 10 months ago
The shed is legal, but it is illegal to enter and build on other people’s property without their permission. It’s called trespass.
> @Matthew Hickey
>and something is worked out eventually
Yes, but it is worked out *before* the shed is placed on the property. That clearly was not the case here.
xprometheusx | 9 years and 10 months ago
SO you agree that it’s legal, but at the same time I’m not correct? I understand that there may be an insurance thing, but that’s not my area. The code is my understanding, I have heard these concerns before, and something is worked out eventually.
shahnandersen
in General Discussion 9 years and 10 months ago
*This is not correct*. Yes, it’s legal. Yes, it is probably mandated by the City. Yes, it’s called a shed, which I did do in my reply, but I didn’t think I needed to be pedantic enough to call the OP out on his misuse of the term scaffold since everyone knew what he meant. *BUT* they cannot put the shed on your property without an agreement with you which spell out their responsibility to cover you via their insurance and to guaranty that they will repair any damage that they may cause.
xprometheusx | 9 years and 10 months ago
This is completely legal. It is a sidewalk bridge, or shed, not a scaffold. I would argue that they built this to renovate their facade, the extension on your property may have been mandated by the city.
Arkady | 9 years and 10 months ago
I’d do something to make your adjacent windows secure – invitation to break-ins. There’s been a resurgence of them on my block in the Slope in the last 2 months.
shahnandersen
in General Discussion 9 years and 10 months ago
What they are doing is completely unacceptable without an agreement with you. Time to consult a lawyer. It will cost you a few thousand dollars (for which a good lawyer may be able to have your neighbor reimburse you), but you need to protect your property. As others have said, insist that you be made a named party on their insurance. Time also to take pictures of your stoop and your exterior and party walls. Note that the full weight of the shed is on your stairs. Can they handle it without damage? Also what are they doing in the rear ? Are they putting up a shed there as well? On your property?
slopefarm | 9 years and 10 months ago
I meant to add that a lot of lawyers who deal with RE and construction have the template for the kind of agreement that needs to be in place. this does not have to be an expensive proposition or heavily negotiated.
daveinbedstuy | 9 years and 10 months ago
I don’t know what the legalities are on this issue but yes, you should have at least been informed. But why on god’s earth didn’t you even ask when yhis was going up? As far as scaffolding goes, it looks to be well done (better than most) and certainly protecting you from any debris. But what is it with people these days who don’t look pout for themselves when situations like this begin? What slopefarm said.
slopefarm | 9 years and 10 months ago
There have been extensive forum threads on this in the past. I am not sure how good the search function is, but worth a try. Some very detailed discussions on exactly this topic. The upshot is: 1. they have to ask your permission; they can’t just do it. it is your property and, among other things, they are imposing significant liability risks on you. But 2. You cannot unreasonably withhold consent. So 3. There is a very commonplace way this gets done — you need an agreement with them and, among other things, they need to indemnify you and make sure you are named in the insurance coverage for this project. There is much more to flesh these concepts out, but that is the basic idea.