Brooklyn, NY asked in Real Estate Law for New York

Q: Can holes 2'×4'×6' deep be dug against the side of my house and left exposed by person buying the empty lot next door?

Empty lot next door recently bought. A few days ago they were digging in the ground against my house. Left deep holes, and the side of my basement wall is exposed. My siding is chipped and broken in one of the spots now. Are these holes legal? They are uncovered, and I'm worried about rain filling in the hole and flooding my basement.

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1 Lawyer Answer
Steven Warren Smollens
Steven Warren Smollens
  • New York, NY
  • Licensed in New York

A: Dear Brooklyn Home Owner:

Your neighbor is not allowed to legally commence a construction project without prior permission from the NYC Department of Buildings and without a Permit to do so. Moreover, a neighbor is never entitled to harm the adjoining property. Hire an attorney because a response to your question on Justia will not stop your neighbor from acting to harm your property.

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