Legal Question in Real Estate Law in New York

My neighbor's ravine

Our back yard extends 15 feet. Our property line ends here. Beyond our fence is a ravine. With each rain storm and passing year, the dirt gives way and is causing our back yard to begin to give way and slide downward. I called to see who's property we were next to and it is the property of the town. So I wonder, what do we do if their property is affecting ours? And/or, is it the fault of the builders who built the town homes so close to the ravine. Also, who pays for the 2 1/2 story retaining wall??


Asked on 9/09/03, 8:05 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: My neighbor's ravine

Q. what do we do if their property is affecting ours?

A. I would contact the local municipality, most likely the town building department.

Q. And/or, is it the fault of the builders who built the town homes so close to the ravine.

A. Most likely, no. The builder had to submit plans to the town and most likely received a certificate of occupancy upon completion of the house.

Q. Also, who pays for the 2 1/2 story retaining wall??

A. Payment of a retaining wall is usually set forth under local town or city law.

Mike.

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Answered on 9/10/03, 8:23 am


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