Can my neighbor block access for construction?
I have the following scenario that may happen. My house has a zero-lot side with a neighboring house. So their property line starts exactly where my bricks end. However, there is a space of at least 4 feet between our two houses. I am about to undergo a house remodeling exnesion, in which the whole…
I have the following scenario that may happen. My house has a zero-lot side with a neighboring house. So their property line starts exactly where my bricks end. However, there is a space of at least 4 feet between our two houses.
I am about to undergo a house remodeling exnesion, in which the whole back side of my house will be knocked down and a new one rebuilt using brick veneer. In order to properly tie-in the existing remaining brick to the new one, my contractor and masonry specialist will need access to their backyard.
I am doing eveything 100% legally as I have all the permits (already pulled from the DOB), and my contractor is fully licensed and insured.
What happens that if in order to properly complete this work (so it will get signed off by the strctural engineer and city inspector), and the neighbor refuses access to his/hers property in order to do so, is there a NYC DOB rule(s) or clause which force them to allow access in order so that this approved by BSA and DOB job gets completed?
I would agree to all stipulations that they ask for (escept money) like what hours to work, to fix and put back everything as it was, etc.
If anyone has comments or advice, I would really appreciate it.
I am in Park Slope, Brooklyn — don’t know if it matters.
unless you have an easement – there’s really nothing you can do. Temporary easements can be granted for certain construction – but its an application process and won’t be quick, or uncomplicated…
This type of answer usually catches flack on this board – but sometimes its easier to ask forgiveness than get permission.
Fence a problem? knock it down and replace it with a new, better one. Chalk it up to the contractor’s mistake – he thought it was *your* fence. say sorry, and move on. Technically, if its a legacy fence (predates the current owner) and the current owner can’t shop a receipt for having it put up – its a fence belonging to both of you.
I would however try every avenue first, including offering some sort of favor in return (we’ll repave your old/cracked walkway) or flat out offering money.
Do it in writing so they can’t claim it never happened. or, as is often the case when neighbors are extremely resistant to an otherwise reasonable request.. just do it and say sorry afterwards. Be prepared for the cops to be called, and a soured relationship.
Hi, I wish that was the case but the husband has already told me that his wife doesn’t want anyone in their backyard. There is a fence dividing the our properties and I bet you they won’t let us take it down. I did try nice already but they think that we are invading their privacy. All my general contractor wants to do is 1) protect their site from any falling pebles or debris, 2) make sure my new wall is built correctly and solidly and 3) clean-up any and all mess on my neighbors side and leave it in “as was” condition. Remember, this is not a 2 day job. It will probably take them 2-3 weeks to correctly demo it, 2) create new foundation and 3) built on it. I understand that no one wants to go through this but by them making it harder for us to do the job will not make it any faster and the noise level won’t be any softer.
Hey how about going over to your neighbor and kindly asking for permission and making nice? This is a proven , good neighbor, and gentlemanly way to go about it. You will be surprised at how nice people can be (even in Park Slope 🙂 once you actually talk to them.
We do agree with you about the no money stipulation! Good luck.
See brooklynexpediter’s post last year – http://bstoner.wpengine.com/forum/archives/2010/03/neighbors_acces.php
In terms of “law school property law” the answer is they can absolutely demand you, your people, and the government people there to inspect your property stay off their land. If NYC has a special law about such things, IDK. If anyone did, NYC would, but I still doubt it. I hope someone who knows for sure answers, but I would bet the only answer to your problem is to make nice with your neighbor. The fact that the government has approved the construction is legally irrelevant (though it was a good thought), even if you truly did *need* be on their land to do it.