Legal Question in Civil Litigation in New York

What if my neighbor refuses to fix his leaky roof gutter which is damaging my foundation and garage and he knows about it?


Asked on 9/27/09, 7:07 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

If your property is being damaged by neighbor's neglect, YOU have an Affirmative Obligation to formally Notice your neighbor of their neglect and the damage that their neglect is causing to your property, in Writing. You cannot "assume" that they "know about it". Your NOTICE of the neglect, should include a REQUEST for remedy of the condition, within a certain period of time (not less than 30 days). Absent neighbors's compliance with your Notice and request, you should advise neighbor of YOUR intent to Report to local Authorities, and/or charge them for the cost and disbursements for you to remedy and repair the condition caused by neighbors' neglec that is damaging your property..

You should be unfaliling polite, respectful and considerate, notwithstanding neighbor's reaction or failure to act with courtesy. Remember, unless you are prepared to move, neghbor should essentially be thought of as an uncooperative member of your extended family; where you must focus on your objective of remedying your property damage. Do NOT, focus on trying to "remedy" neighbor"s conduct or attitude. That would be a losing proposition. Good luck,

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Answered on 10/02/09, 8:49 pm


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