Ask Curbed: Can I Get 'Renovation Reparations'?


Thursday, September 6, 2007, by Robert

2007_09_Scaffolding.jpgRepairs to the building next door always bring joy. This reader asks what you can do when the neighboring property owner messes with yours:

The building next door to my lovely garden apartment has been neglected over the years and is now in dire need of repair. It seems that the structural integrity of the walls are in question and will need to be rebuilt extensively. The owner of the building approached me to ask permission to place scaffolding, and bracing on my property, as well as, to allow the workers access. I believe that the project will take weeks, will damage my garden and ruin my quality of life. Am I entitled to compensation for the damage and/or quality of life compensation?
Your considered answers straight ahead in the Comments section.
· Ask Curbed Archives [Curbed]


Comments feed for this post Feed icon


Comments (21 extant)

1.

Let the useless and unresponsive commentary begin!

By Bing at September 6, 2007 3:18 PM

2.

Bing I think i deserve some compensation for disruption, damage, and construction worker traffic that is involved with living so close to your butthole. Give a taint a break.

By Bing's Taint at September 6, 2007 3:24 PM

3.

Uh, no.

You get squat.

The city enforces the law and the local law says if the building is over 6 floors and its falling down, the owner has to fix it. no matter what.

You have no choice.

You can sue the city, as much as you want.
Oh, and I highly recommend that.
ha

you cannot sue the building for this.

Unless they do something obviously wrong.

but killing plants is not one of them.

By Anonymous at September 6, 2007 3:26 PM

4.

Who cares about the environment, right?

By I buy to rent at September 6, 2007 3:34 PM

5.

You really should contact an attorney and see if you can get an agreement signed between you and your neighbor (i believe this would be a type of easement, but I'm not sure). Even if he is required to repair his building, there is no reason he can't agree to try to protect your garden and pay to repair it if protecting it doesn't work.

By Cait at September 6, 2007 3:45 PM

6.

you deserve to have your quality of life ruined for posting such a stupid question. get a lawyer and work something out w/ them amicably, b/c if you don't, they are just going to do what they want anyway and suing them could take a million years. duh.

By snot at September 6, 2007 3:53 PM

7.

Cait's right. You can't make money off of it but you shouldn't suffer actual damages. Make sure they provide you with copies of insurance certificates for every worker who sets foot on your property as well as waivers of liability. You need to talk to a lawyer quickly.

By anonymous at September 6, 2007 4:06 PM

8.

"...that the project will take weeks..."

Why make a big fuss over a few weeks? Would you rather have a building collapse onto your garden? Give to guy a break and let him fix the building so it doesnt kill anyone. Geez.

By Will at September 6, 2007 4:08 PM

9.

"...that the project will take weeks..."

Why make a big fuss over a few weeks? Would you rather have a building collapse onto your garden? Give the guy a break and let him fix the building so it doesnt kill anyone. Geez.

By Anonymous at September 6, 2007 4:08 PM

10.

I dont understand why people ask curbed commentators questions about their home. You might as well just ask, "Hey can you guys tell me how stupid I am?"

By Anonymous at September 6, 2007 4:10 PM

11.

Also, you did not mention if you rent or own? If you rent obviously you do not have the ability to grant any permissions, and if the landlord consents will have to go to him/her for any compensation for damage.

That being said, I do think asking for compensation for damages is entirely appropriate; "quality of life" damages is another matter. As the other posters have pointed out, having a wall collapse near your apartment will also be detrimental to your quality of life, so some flexibility is in order.

By eeeck at September 6, 2007 4:39 PM

12.

#8 is right. It's kind of funny people are talking about lawyers & compensation for what will amount to a couple of weeks of work.

By Lars at September 6, 2007 4:49 PM

13.

#2, why do you complain only about the construction worker traffic around my butthole? Aren't you concerned at all about the police officer, American Indian chief, military officer, leatherman biker and cowboy traffice around my butthole? I mean, you've got the entire Village People parading around my butthole, but you're upset only about the construction worker traffic?

By Bing at September 6, 2007 4:53 PM

14.

This is the price you pay for choosing to live in this shithole city. If you owned a house anywhere else the owner would be obligated to approach you with kindness and ingratiate him or herself because they clearly are intruding upon your property and your right to peace. How about, what kind of dipshit lets their building decay to the point that the walls collapse? And if you buy a building in this condition the LEAST you should be required to do is offer compensation to the neighbor whose sanity you're fucking with "for weeks". Get a lawyer and ignore the heartless chimps who think you're out of line for suggesting that you might be entitled to common courtesy.

By Bang at September 6, 2007 4:59 PM

15.

He can't ERECT scaffold on your property without your permission (assuming you own)- he has to protect your property by law- and, if you don't give him permission, he will be forced to use swing staging and will still need to protect your property. Also, even with scaffold on your property, you can refuse access THROUGH your property- his crew will have to come down from his side...

By putz at September 6, 2007 5:00 PM

16.

He must make best effort to protect your property by code. however, if you deny him the opportunity to protect your property, by same code, you are responsible for providing your own protection. if you do not, you are responsible for damages to your own property.

By anonymous at September 6, 2007 9:10 PM

17.

I'd be surprised if it just took a few weeks. Once that scaffolding is there, who knows how long you'll have to live with it?

By eeeck at September 7, 2007 6:58 AM

18.

If you own the apartment, you should be under no legal obligation to allow workers access to a neighboring building through your property. That's tresspassing, my friend!

By Anonymous at September 7, 2007 9:27 AM

19.

Wow - look at all the haters and their great advice. Do nothing - suck it up they say. Are these the same ones who advocate renting over buying. Do nothing, ask nothing is their philospohy.

I was in a similar situation last year. I told the owner doing the rennovations that my giving his workers access through my property would save him dollars in the overall construction - i.e. lugging bricks through his building, citing of a dumpster. He gave me $10,000 per month for 3 months and took it out of his construction loan.

I paid off my credit cards, and rented a phat place upstate with daily maid service. I got a paid for vacation outside the noicy city

dont listen to the haters - they get no where in life.

By Petr at September 7, 2007 10:01 AM

20.

This topic was covered ad nauseum on one of those other sites - I think brownstoner.

By Anonymous at September 7, 2007 10:34 AM

21.

nice ass advertisement on the main page

By assad at September 7, 2007 2:36 PM


photos in Curbed Photo Pool See more and submit to Curbed Photo Pool

Links
New York City
Gawker
Gothamist
Morning News
The Politicker
DailyCandy
Manhattan User's Guide

Real Estate Listings
Curbed's mega-linklist of NYC real estate brokers and listings search sites

Real Estate Blogs & Media
Brownstoner
Matrix
Property Grunt
The Real Estate
The Real Deal
Inman News
Triple Mint
HotelChatter
The Boxtank
The Cooperator
Habitat Magazine
Slatin Report
NYTimes Real Estate
NYPost Real Estate

Real Estate Resources
ACRIS
Trulia
Property Shark
Zillow
RadCribs
RealtyBaron
PostYourProperty
Street Easy

Architecture & Urbanity
The Gutter
Archinect
Tropolism
Wired New York
eOculus
Architects Newspaper
Arch Week
Arch Record
Regional Plan Assoc
Planetizen
Veritas & Venustas
City Comforts
Daily Dose
BLDGBLOG

Design & Shelter
Metropolis
Apartment Therapy
Unbeige
MoCo Loco
Reluct
Cool Hunting
Treehugger
WorldChanging
Sensory Impact
Funfurde
DesignSponge
GNR8
Land & Living
Hamptons C&G

Community Media
Village Voice
NYPress
Gotham Gazette
The Villager
Downtown Express
Resident
Hell's Kitchen Online
Tribeca Trib
East-Village.com
Volume NYC
L Magazine
Block Magazine
Brooklyn Papers

Big Media
NYTimes
NYPost
NYDailyNews
New York Mag
NYObserver
Newsday
Crain's


About Curbed
In New York City, it comes back to real estate, rent and the neighborhoods we inhabit. More about Curbed...

Archives & Feeds


Full content feed

Search this site



Credits
CURBED NY


Senior Editor
Joey Arak

Brooklyn Editor
Robert Guskind

Contributing Editor
Pete Davies

Roving Photographer
Will Femia

Logo
Khoi Uong


CURBED NETWORK
Editorial Director
Ben Leventhal

Sales
Joshua Albertson

Head of Technology
Eliot Shepard

Publisher/GM
Kyle Crafton

President
Lockhart Steele

Other Curbed Sites
New York
Eater NY
Racked
The Beach (seasonal)

San Francisco
Curbed SF
Eater SF

Los Angeles
Curbed LA
Eater LA


Contact Us
Email Curbed

Copyright © 2008 Curbed