New York City Lawyers — Disputes With Adjoining Property Owners
Since being founded in 1919, Greenberg, Trager & Herbst, LLP, has established itself as a leading construction law firm known for its commitment to high-quality representation and extensive knowledge of all construction issues, including resolving disputes with adjoining property owners through negotiation and/or litigation. This is an important issue in New York City since construction often requires dealing with neighboring property owners.
Contact our New York City attorneys to learn more and to schedule a consultation.
In many situations, underpinning adjoining properties is required. The underpinning of neighboring properties is permanent, and can cause contentious discussions with adjoining properties. Our firm is experienced at negotiating and resolving disputes, including by way of litigating this type of matter for all types of construction projects.
Excavation, Underpinning and Adjoining Property Owner Disputes and Litigation
During the course of construction, access into, above and below the adjoining property owner’s (APO) property will almost always be needed for code-required protection during the construction. The New York City Department of Buildings (DOB) will not allow construction to commence or continue unless the APO property and the public at large are protected from possible perils of construction. An unprotected neighbor or passerby may lead to a visit from the BEST Squad.
A license for access, as well as an easement in some cases, will be required for underpinning and stabilizing the APO property in construction involving excavation below the foundations of existing APOs adjacent to the construction. Access may also be needed to install monitors, a sidewalk bridge or shed, rooftop and/or yard protection or window protection as required by code. The APO’s cooperation will be essential in getting this access as well as the APO’s signature on the required DOB permit applications for work on the APO property. Our attorneys can help you navigate these adjoining property issues.
At Greenberg, Trager & Herbst, LLP, we know that how and when to approach the APO is essential in keeping your construction on schedule. We also know that understanding whether demands of the APO are realistic and reasonable is critical to the progress of your project.
We can assist with preparing the necessary agreements you need to obtain access as well as handling negotiations and litigation involving obtaining such access when the terms cannot be worked out between the parties.