Legal Question in Real Estate Law in New York

Connected Home Damaging Mine

We live in a semi-detached brick home in an urban area. The attached home has been unoccupied for approximately 12 years. The woman who owned it passed away, leaving it to her grandson whom I believe lives in Alaska. Apparently, he has no interest in the house whatsoever. The property has deteriorated over the years, and now the roof needs replacing (to say the least...the place is a wreck.) The house is causing water damage to my home, among other complaints (broken steps, dangerous porch condition, generally unsightly, etc.) I believe the taxes have been paid up-to-date. Do I have any legal recourse in dealing with this situation?


Asked on 9/29/04, 11:39 am

3 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Connected Home Damaging Mine

If title has been transferred (you can check this with your local Registrar or County Clerk) to the son, you should contact him and advise him of the condition. If he keeps it insured, you can file a claim against him and he should contact his homeowner's insurance company. You might need a local attorney to assist you in making the claim and getting reimbursed. If nothing has been done, you should contact your local municipal officials and consider having the property condemned.

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Answered on 9/29/04, 12:10 pm
Steven Czik CZIK LAW PLLC

Re: Connected Home Damaging Mine

From the facts described it would certainly seem that you have a viable action against your neighbour. It is likely that he is insured which would make a lawsuit even more viable. This area of law does happen to be one of our specialties, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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The information provided by The Law Offices of Steven J. Czik (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

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Answered on 9/29/04, 1:54 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Connected Home Damaging Mine

You may contact the local "Housing Dept" in your area, that handles things like streets, and abandoned properties and file a complaint about the "unsafe and hazardous" condition of the property.

If you reach the correct Agency , they can inspect, and do what's necessary to repair and "make safe" the property. Then charge the costs of any such repairs to the property, as liens.

You may also be able to sue your "neighbor" for any damage to your property that the neglect of his property has caused. If you prove your case and obtain a money judgment for the damage, you may be entitled to charge a Judgment lien on the property for your Judgment, costs and interest.

If the County takes the property re it's own liens, taxes and etc., you could be "shut out" from recovering your losses, unless you are able to get a "good price" to purchase the property.

So,... it's important that you immediately schedule an appointment with an attorney, in your area, for consultation before deciding or doing anything.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 9/29/04, 3:04 pm


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