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
Tag: encroachment
Court-Imposed Access for “Underpinning” Next Door
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