Legal Question in Real Estate Law in New York

Is there Statutes of Limitations in obtaining permits and Certificates of Occupancy for a deck I built in front of my home in 1995 in Brookhaven Town, NY?


Asked on 10/27/12, 5:55 pm

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

What you mean is, I think, is there a period of time after which the Town can't make me remove the dock?

It depends.If you are in the part of Brookhaven that was incorporated prior to New York superseding Nieue Amsterdam, then there is no statute of limitations. Elsewhere--the English Rule parts of the town (under the same rule as Huntington), if the State does not object to the dock then (usually) the Town can't either. In any case you have to weigh the expense of "legalizing" the dock against the risk that the Town will try to demolish the dock. It's not an easy play, but more akin to deciding whether to hit or stick with a 16 in blackjack.

PS: I have legalized docks all along the North Shore. You need a true expert. 5 1 6 2 4 2 1 4 5 3

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Answered on 10/27/12, 6:06 pm


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