Legal Question in Construction Law in New York

Greetings!! I know that according to the NYC Building code developers need to notify adjoining property owners of upcoming construction projects. However, we recieved a letter of notification despite the fact that our property is no where near the building that is being constructed/redeveloped. The letter states that we need to respond within 10 days of our "acceptance" or "denial". It also states that if we "deny" them the right to go into our property we would then be responsible for any damages that they make. First - why did they send us a letter if we are not adjoined to the property that they are developing? Second - Do we need to respond? How do we respond? I would like to say "no" and that they can not come into our property because our property is not adjorned to theirs. Can we just check off the box that says "DENIED" and mail our response back to them or would we need to hire a lawyer to write a letter saying we are denying them access to our property because our property is not adjourned to theirs? It is actually one house over and not touching and will not touch even after their construction is done. Any advice would be greatly appreciated. Thank you!!!!!

Asked on 6/25/12, 3:26 am

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

They sent the notice because an engineer told them that the work being planned might cause damage to your property. You need to let them in to conduct their survey, otherwise you will have no rights against them if their underpinning or excavating causes damages to your property.

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Answered on 7/01/12, 10:09 am

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