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Apr 15, 2019

“Baseball is a game of inches.” And often so is construction.

Land Surveyor: Property Line Encroachment

A recent case illustrates the point: A Romanian Orthodox Christian Church in Elmhurst, Queens is adjacent to a construction site. Defendants were building a substantial residential apartment building next door. For construction to proceed, a retaining wall was built very close to the Church property line. The Church hired a professional surveyor who found that the steel piles encroached on the north end of the Church’s western property line by 2.5 inches and at the south end of its western property line by 3.25 inches. The survey also showed that the wood lagging encroached on the Church’s property at the north end of… Read more


Mar 15, 2019

Court-Imposed Access for “Underpinning” Next Door

Underpinning - extension of the foundation of one's property

CUCS Housing Development Fund Corporation  and several related entities sued under RPAPL § 881  for Court-imposed  access, for the  purpose of underpinning  a neighboring property on West 12th Street owned by  Clifford S. Aymes.  Underpinning is  the extension of the foundation of one property to below the foundation of a neighboring parcel. CUCS was trying to begin a construction project to provide New York City’s homeless population with affordable housing. Aymes owned the one-story, unoccupied building adjoining  the project. The New York City Building Code  required CUCS take careful measures to protect public safety and to prevent damages to Aymes’ property during the building’s construction. Where… Read more