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Cody C.
  • New to Real Estate
  • US
6
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22
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New neighbor constructing next to me...

Cody C.
  • New to Real Estate
  • US
Posted

Hello.  We have a townhouse property in NY and next it to there's an empty lot.   A new neighbor wants to develop another townhouse in the empty lot and needs an agreement from all the neighbors his townhouse will be adjacent to.   I have read about potential issues (see below) such as excavation causing land shift impacting my property.   Anybody experienced anything similar and anything I need to do/watch out for?  Thank you in advance for your thoughts.  

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Subjacent support refers to the land which is underneath an individual’s property and keeps that property leveled, preventing the foundation from shifting. For example, if a neighbor’s project requires excavation on their property which causes their neighbor’s land to shift, making closing doors or windows difficult, that excavation may be viewed as violating the individual’s right to subjacent support.

Lateral support refers to the adjacent land, including a neighbor’s above-ground property. This will prevent a neighbor from constructing a project which would cause issues including:

  • Landslides;
  • Landslips;
  • Cave-ins; or
  • Floods.

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