Neighbor's wall damaging mine

[Brokelyn]

What is the name of your state?What is the name of your state? New York (Brooklyn)

My neighbor's front wall brick facade (we have side by side Federal brick townhomes) is pulling away, probably due to water damage (my contractor's opinion). His damage has reached into my side and a bit of my wall is also starting to separate. I can now even visibly see from the street that one of his window frames has started to warp. I am ready to have my side fixed (we are doing a gut renovation); I have the permits already.

My problem: I have left messages on the neighbor's machine, written notes to him, sent letters (including by registered/certified mail), and my contractor has even camped outside of his house in the evenings in the hope of catching the neighbor in order to discuss the situation. The guy keeps ducking us (lives at his girlfriend's I think). We can't do our work because it will certainly cause his wall to collapse, yet the longer he waits, the more likely it is that the wall will collapse on its own (or from the vibrations of a passing truck, heavy rain, who knows). We also cannot continue with the rest of our gut renovation because we need to put in the floor system, which will tie into the wall....

I could file a complaint with the city, but I fear that they will shut our job down as well (even though we have proper permits, etc.). Also, the neighbor might just ignore the city anyway for all I know. I'm VERY hesitant to get the city involved--they are horrible bureaucrats in Brooklyn. Does anyone have any advice on what I can do? Thanks!

 

[JETX]

And don't tell us that he doesn't receive any mail either. Send him a letter!!!

 

[HomeGuru]

What is the name of your state?What is the name of your state? New York (Brooklyn)

My neighbor's front wall brick facade (we have side by side Federal brick townhomes) is pulling away, probably due to water damage (my contractor's opinion). His damage has reached into my side and a bit of my wall is also starting to separate. I can now even visibly see from the street that one of his window frames has started to warp. I am ready to have my side fixed (we are doing a gut renovation); I have the permits already.

My problem: I have left messages on the neighbor's machine, written notes to him, sent letters (including by registered/certified mail), and my contractor has even camped outside of his house in the evenings in the hope of catching the neighbor in order to discuss the situation. The guy keeps ducking us (lives at his girlfriend's I think). We can't do our work because it will certainly cause his wall to collapse, yet the longer he waits, the more likely it is that the wall will collapse on its own (or from the vibrations of a passing truck, heavy rain, who knows). We also cannot continue with the rest of our gut renovation because we need to put in the floor system, which will tie into the wall....

I could file a complaint with the city, but I fear that they will shut our job down as well (even though we have proper permits, etc.). Also, the neighbor might just ignore the city anyway for all I know. I'm VERY hesitant to get the city involved--they are horrible bureaucrats in Brooklyn. Does anyone have any advice on what I can do? Thanks!

**A: there is nothing to discuss with this neighbor. Send a certified rrr letter stating what work will be done together with a copy of the building permit and your contractor's contact info. If need be, also send a copy of the inspection report by your hired structural engineer certifying that the wall is unsafe and must be repaired.

 

[Brokelyn]

**A: there is nothing to discuss with this neighbor. Send a certified rrr letter stating what work will be done together with a copy of the building permit and your contractor's contact info. If need be, also send a copy of the inspection report by your hired structual engineer certifying that the wall is unsafe and must be repaired.

Thank you very much! Your advice makes sense to me, but once we start the work and his wall crumbles, I have no doubt that he will attempt to sue me/my contractor for damages (real or imagined). The certified letter and other legal precautions will hopefully protect us, BUT (and this is the rub), our job will probably get shut down until the dispute is resolved. I lose a ton of money every month because we are living in a rental (plus storage) in the interim. Since the neighbor lives at his g-friend's, he won't care if his place is uninhabitable. Does that info change your advice at all?
Thanks!

 

[HomeGuru]

No. And you are not in the wrong if you mitigate problems to the building to correct health and safety conditions. You sound paranoid and I know that there is more to this story that what you have posted.

 

[Brokelyn]

Fear

No. And you are not in the wrong if you mitigate problems to the building to correct health and safety conditions. You sound paranoid and I know that there is more to this story that what you have posted.

This has been one of those never-ending gut rehab stories (four months to get permits for any number of very ticky-tack issues). This is my first rehab of any kind and my experience so far with the Brooklyn Borough bureaucrats has me wondering how anyone can get things done. I wasn't paranoid when I started the project, but now that my neighbor has totally flaked out, I am really worried. I have complete confidence in the work and precautions my architect, engineers, and contractor have taken--top notch work--but I just don't have the stomach to deal with lawyers and the court process if it comes down to that. Too scared that they will find some little fault with me and then I'll be on the hook for more money than I could earn in a lifetime!

I appreciate your feedback. It helps me gain some more confidence in moving forward instead of being paralyzed with fear of the "system."

 

[HomeGuru]

Good luck and as Stone Cold Steve Austin once said "Fock Fear!"

 

[nextwife]

It might not be a bad idea to take a whole bunch of photos NOW, before starting exterior work, showing the deteriorated condition of the facade - in case you need to prove the condition was already deteriorated.

 

[HomeGuru]

Yes, photos would be nice.