Many NYC co-op and condo unit owners undertake apartment renovations during the Summer when neighbors are away on vacation, so the impact of the construction on the neighbors may be less.
However, when a NYC property owner shares a party wall with a neighbor, the homeowner may be required to protect the neighbor’s property during the construction. The parties can negotiate an access agreement or if necessary, a property owner can file a Petition in the Supreme Court seeking necessary access.
This Summer, we have been busy representing such homeowners requiring or responding to requests for access to: 1. protect adjacent building so our client can restore their brownstone’s front and rear facades; 2. Protect adjacent building one side and parking lot on the other so our client can expand and convert existing two family Bronx house to multifamily apartments; 3. Protect neighbor lot so our client can repair deteriorated terraces; 4. protect our clients’ solar panels and roof while neighbor finished adjacent exterior wall; and 5. protect our client’s rear yard and plants during demolition of a former church.
We successfully negotiated access agreements with four client neighbors, facilitating the property improvement projects. In two cases, we have commenced access petitions in NY Supreme Court pursuant to RPAPL 881. ,Those proceedings are pending court hearings in September.
Please contact our Firm if we can assist you with a construction law or real estate transactional matter.
