Wall on extension question

Our building has an extension approximately 7 feet further out than our brownstone neighbor. The wall is an extension of the shared interior wall between our two buildings. The exposed surface of the extension abuts their garden. Whose wall is it? If there is a problem are we both responsible even though it is only on our building? And are they allowed to use it for permanent ducts without consulting us? Where do I go to find out the answers?

tristianismyrealtor

in General Discussion 7 years and 10 months ago

4

Please log in, in order to post replies!

4 replies

Newest Oldest

joearchitect | 7 years and 10 months ago

string(1) "1"
object(WP_User)#5056 (8) {
  ["data"]=>
  object(stdClass)#5003 (12) {
    ["ID"]=>
    string(6) "176914"
    ["user_login"]=>
    string(12) "joearchitect"
    ["user_pass"]=>
    string(34) "$P$BulMIGGxGYq1JbcJ4OT1aACzVvSj3q/"
    ["user_nicename"]=>
    string(12) "joearchitect"
    ["user_email"]=>
    string(19) "jtkoelbel@gmail.com"
    ["user_url"]=>
    string(37) "http://www.josephkoelbelarchitect.com"
    ["user_registered"]=>
    string(19) "2017-08-10 14:25:52"
    ["user_activation_key"]=>
    string(0) ""
    ["user_status"]=>
    string(1) "0"
    ["display_name"]=>
    string(12) "joearchitect"
    ["spam"]=>
    string(1) "0"
    ["deleted"]=>
    string(1) "0"
  }
  ["ID"]=>
  int(176914)
  ["caps"]=>
  array(2) {
    ["subscriber"]=>
    bool(true)
    ["bbp_participant"]=>
    bool(true)
  }
  ["cap_key"]=>
  string(15) "wp_capabilities"
  ["roles"]=>
  array(2) {
    [0]=>
    string(10) "subscriber"
    [1]=>
    string(15) "bbp_participant"
  }
  ["allcaps"]=>
  array(4) {
    ["read"]=>
    bool(true)
    ["level_0"]=>
    bool(true)
    ["subscriber"]=>
    bool(true)
    ["bbp_participant"]=>
    bool(true)
  }
  ["filter"]=>
  NULL
  ["site_id":"WP_User":private]=>
  int(1)
}

Yes, it would have been nice the neighbor asked you before they attached something to the wall of your extension, but it’s probably not worth making a fuss about. Typically, horizontal extensions should be built 100% on the owner’s property, since the neighbor doesn’t share the use of it like a party wall. If the wall straddles the property line like you suspect, it could be considered an illegal encroachment on their property. A survey would show if that were the case.

daveinbedstuy | 7 years and 10 months ago

string(1) "1"
object(WP_User)#5055 (8) {
  ["data"]=>
  object(stdClass)#5054 (12) {
    ["ID"]=>
    string(4) "3864"
    ["user_login"]=>
    string(13) "daveinbedstuy"
    ["user_pass"]=>
    string(34) "$P$BtJYyObAQmff2MQp.qFP7/kmwU1bBZ1"
    ["user_nicename"]=>
    string(13) "daveinbedstuy"
    ["user_email"]=>
    string(19) "djl135e54@yahoo.com"
    ["user_url"]=>
    string(54) "http://www.brownstoner.com/forums/users/daveinbedstuy/"
    ["user_registered"]=>
    string(19) "2017-08-10 14:23:53"
    ["user_activation_key"]=>
    string(0) ""
    ["user_status"]=>
    string(1) "0"
    ["display_name"]=>
    string(13) "daveinbedstuy"
    ["spam"]=>
    string(1) "0"
    ["deleted"]=>
    string(1) "0"
  }
  ["ID"]=>
  int(3864)
  ["caps"]=>
  array(2) {
    ["subscriber"]=>
    bool(true)
    ["bbp_participant"]=>
    bool(true)
  }
  ["cap_key"]=>
  string(15) "wp_capabilities"
  ["roles"]=>
  array(2) {
    [0]=>
    string(10) "subscriber"
    [1]=>
    string(15) "bbp_participant"
  }
  ["allcaps"]=>
  array(4) {
    ["read"]=>
    bool(true)
    ["level_0"]=>
    bool(true)
    ["subscriber"]=>
    bool(true)
    ["bbp_participant"]=>
    bool(true)
  }
  ["filter"]=>
  NULL
  ["site_id":"WP_User":private]=>
  int(1)
}

What Maggie said. Start with a survey. Also, consider that the extension my never have been permitted so starting something with your neighbor over “ducts” (gutter downspouts???) might be counter productive.

Guest User | 7 years and 10 months ago

string(1) "3"
string(6) "195579"

my understanding is that even though your neighbor’s building doesn’t continue the whole length of the wall, the wall itself is likely built on the property line and therefore jointly owned. you would need to confirm this with a property survey. If the wall is jointly owned then you’re both responsible for maintaining it but I’m guessing you have more incentive to keep it up than your neighbor. Your neighbor can attach stuff to their side of the wall without consulting you as long as it doesn’t adversely impact your side. I’m sure if there were a dispute and you got lawyers involved it would all be quite complicated but if you see yourself headed in that direction, a property survey is your first step.

Guest User | 7 years and 10 months ago

string(1) "3"
string(6) "195579"

my understanding is that even though your neighbor’s building doesn’t continue the whole length of the wall, the wall itself is likely built on the property line and therefore jointly owned. you would need to confirm this with a property survey. If the wall is jointly owned then you’re both responsible for maintaining it but I’m guessing you have more incentive to keep it up than your neighbor. Your neighbor can attach stuff to their side of the wall without consulting you as long as it doesn’t adversely impact your side. I’m sure if there were a dispute and you got lawyers involved it would all be quite complicated but if you see yourself headed in that direction, a property survey is your first step.