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New York Land Use & Zoning Questions & Answers

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on

Q: Sold house in 2011. A cert of occ was never issued for an added structure prior to sale. is the sale valid?

Added 1st floor sun room to single family house (with permit) in 1983. Unknown to original owner, inspection for remodel was never recorded by bldg dept. Sold house in 2011. An agrmnt with buyer and lender was made for buyer to procure inspection to receive the required CO. Agrmt obligation... Read more »

Michael David Siegel answered on Aug 11, 2019

Sales are generally "as is" unless there is an agreement to the contrary. You referenced some escrow agreement. The sale will be governed by that document. No one should close without a valid certificate of occupancy. Whatever the buyer did (I am unsure if you are buyer or seller) was a mistake.

1 Answer | Asked in Civil Litigation and Land Use & Zoning for New York on

Q: Where can I find settled case law for maintenance responsibility for an easement or deeded right of way in NYS.

We live on a private road which is a deeded right of way for ingress and egress for all property owners. Since approximately 1975 there has been Road dues collection to pay for the upkeep on the road. In the late 1990’s the property owners by majority vote decided to raise the dues to $100.00... Read more »

Michael David Siegel answered on Dec 29, 2018

You can sue. Sounds like a small claims case against each owner.

2 Answers | Asked in Land Use & Zoning and Real Estate Law for New York on

Q: I have used neighbors land for loading and unloading personal affects, for 48 years without permission.

The loading and unloading area is a driveway which is property of this neighbor

Elaine Shay answered on Oct 26, 2018

Your question?

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1 Answer | Asked in Construction Law, Family Law, Land Use & Zoning and Real Estate Law for New York on

Q: how do you apply a mother-daughter to a single family house?

Elaine Shay answered on Oct 2, 2018

If you are asking how to allow use of a one-family house as a two family, you would have to amend the certificate of occupancy. This is sometimes but not always able to be done and may involve the services of an architect, expeditor or other other professional as well as an attorney.

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Legal Malpractice for New York on

Q: Can a mortgage be discharged if there are still liens/Judgments on it?

We are in the process of buying a home and the process has been dragging out. we are now a full month passed our scheduled closing date. We have multiple stories coming from the lawyers stating there are judgments on the home. We waited 3 weeks for the lawyer to tell us the seller agreed to pay 3x... Read more »

Michael David Siegel answered on Sep 11, 2018

Do you have a lawyer? Do you have a title company? These are issues that you as a layman do not handle.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Small Claims for New York on

Q: We frequently have our only exit to the house blocked. Sometimes by bicycles and chairs, often by partiers and smokers.

We basically often have to ask for permission from people intoxicated and stoned to enter or leave our porch. Many do not live in building. Partying with neighbors. They have other exits. They are unfriendly. One of them down there has already threatened to go ballistic on us. Police say these... Read more »

Michael David Siegel answered on Jun 12, 2018

This would violate your lease, but if police will not do anything, your recourse is to leave by breaking your lease. Be sure to document with photos these issues so you can show a court later if needed.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on

Q: Can an easement be easily terminated if it is no longer necessary?

My husband and I purchased our home 1 year ago. There was an easement put in place 7 years ago for our neighbor to be able to build a very wide driveway to access her garage. That neighbor has now moved and the current resident converted the garage into a space for her many exotic animals. Since... Read more »

Michael David Siegel answered on May 10, 2018

The easement can be terminated. It requires a Supreme Court case.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Foreclosure for New York on

Q: house in foreclose from my ex spouse who moved out. Who’s responsible for plumbing issues?

Michael David Siegel answered on Mar 13, 2018

The one who needs to use the toilet.

1 Answer | Asked in Land Use & Zoning and Environmental for New York on

Q: Thousands of rr ties on property in Ontario Co NY purchased approx 10 years ago.

DEC or EPA says they have to be removed Need advise on removal and who pays. What to do if they cannot pay??

Greta Katrin Kolcon answered on Feb 22, 2018

Historically, railroad ties were often treated with creosote to preserve wood from rotting quickly. The EPA has determined that coal tar creosote is a probable human carcinogen, meaning that it is an agent directly involved in causing cancer.

Although there are special rules for railroads...
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1 Answer | Asked in Contracts, Real Estate Law and Land Use & Zoning for New York on

Q: Condo sponsor not giving me my assigned storage space

I closed a new condo last week with 2 Assigned Parking slots and 1 storage slot. I have a duly signed contract, recorder deed and a issued parking/storage license. However, the condo sponsor in not giving keys for the storage and says its a assigned to someone else

How do I enforce? What... Read more »

Michael David Siegel answered on Feb 22, 2018

If the space is licensed and not deeded you need to sue for breach of contract. The papers will govern.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on

Q: I am a homeowner in Long Island, NY. We have a friend of the family who’s fallen on hard times and is living with us.

Someone filed a “complaint” with code enforcement claiming we have an unapproved tenant. However it is not a full apartment and he is not paying “rent.” Do I have a right to see the complaint or confront the accuser before having to allow town officials in my home for an invasive and... Read more »

Michael David Siegel answered on Dec 19, 2017

Seems like BS. Just go to the Town and say what you said here.

1 Answer | Asked in Construction Law, Land Use & Zoning and Real Estate Law for New York on

Q: IN WHICH BRONX COUNTY COURT AREA CAN I OBTAIN INJUCTION TO STOP STREET CONSTRUCTION THAT DRILL INTO MY HOUSE WHAT FORMS?

UNANNOUNCED AND FOR 2 WEEKS CONTRUCTION WORK ON OUR BRONX STREET BLOCK CLAIMING UPGRADING YOUR GAS LINE. SHOCKINGLY THIS DAY I WOKE TO FIND THAT THEY HAVE DRILLED A MIGHTY HOLE ACROSS SMASHING SIDEWALK WHICH I HAD PAID FOR DIRECTLY INTO MY OWNER OCCUPIED TWO FAMILY HOUSE INTO THE FOUNDATION ALSO... Read more »

Barry Eran Janay answered on Oct 17, 2017

You most likely would have to file a notice of claim with the NYC Comptroller First and then file a suit in the NY Supreme Court, Bronx County.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Landlord - Tenant for New York on

Q: what are my rights as a sub-leaser who has had property damage from a leak in the building?

1299.00 computer - broken

300.00 bed stained through water damage

Barry Eran Janay answered on Aug 29, 2017

File small claim against landlord and tenant who caused the problem.

2 Answers | Asked in Civil Rights, Consumer Law, Land Use & Zoning and Real Estate Law for New York on

Q: I paid for an extension on my sons house because he advised me it would be better than living by myself (over 70K)

In consideration He said he would take me as a dependent on his taxes (he did) so that I would have no additional costs to pay Now he told me I have to move because he is selling the house! I am 84! What can I do?

Derek John Soltis answered on Aug 15, 2017

I am sorry to hear about your situation. You do have options. You should consult with an attorney to devise a strategy. Talk with an attorney to go over all of your options. Getting advice in a public forum is not really appropriate for your situation

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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Business Formation for New York on

Q: Im thinking of starting a private autocross car club on a private farm in Long Islnd. what zoning rules must i adhere to

currently the area is an active farm. thinking of purchasing and 'converting' to a private 'paved lot' and hosting autocorss car events. not clear what zoning rules i must adhere to or what local licensing there may be (if any). this is NOT a drag-strip.

Barry Eran Janay answered on Jun 8, 2017

It's a special use, local AND state rules will apply.

1 Answer | Asked in Land Use & Zoning for New York on

Q: can the city zone way all new residential development in a sensitive area without it being a taking?

Ali Shahrestani, Esq. answered on May 24, 2017

It might be considered a taking, and then there'd be a right to just compensation for the landowner. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... Read more »

2 Answers | Asked in Land Use & Zoning and Real Estate Law for New York on

Q: A country club across from my house relocated their driveway. Car headlights now scan through my house. What can I do?

My house was built in 1951. My husband and I bought it from the original owners 11 years ago. There is a country club across the street and the sole driveway into and out of the club has always been catty-corner to the front of our house. We received no notification of a driveway relocation and one... Read more »

Barry Eran Janay answered on Apr 26, 2017

It sounds like you may be out of luck. This is a local zoning issue that you have to take up with your locale and it sounds like you have done so. If the hours that the cars were coming in and out of the club were unreasonable maybe there is a private nuisance issue, but that's pretty doubtful.... Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on

Q: Who pays for the septic problem on property when it is a trailer owned by me and land by owner of park?

Also who should take care of plowing and mowing, etc. on property?

Barry Eran Janay answered on Apr 11, 2017

Did your shit cause the septic problem? You may need to have your shit checked. Is the septic system shared? You may have to check your neighbors shit then. I'm kidding, but in all seriousness, you probably have a lease or license agreement at the trailer park and that would give some guidance... Read more »

3 Answers | Asked in Real Estate Law and Land Use & Zoning for New York on

Q: I am buying a house with a barn, it is under contract at the moment. Am I aloud to go in and start cleaning the barn?

The reason I am asking is due to how dirty the barn is. The seller dose not live there and you can see they never cleaned the stalls out ever and I have 4 horses to go in after all the paper work is signed and it will take a good two weeks to clean it out. So by the time it is done, I will have it... Read more »

Michael David Siegel answered on Apr 9, 2017

Unless the contract allows it, you cannot go on the property until closing.

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