Legal Question in Real Estate Law in New Jersey

Neighbor wants to install side-wall mounted air conditioning compressors overhanging our property's alleyway. There is no easement although we have been good neighbors and permitted access when needed for maintenance. This is a residential city block of attached brownstones but our building has setbacks on each side, fenced and gated, for over 20 years. The area he has selected is directly opposite a flight of 9 stairs down to a basement door and 9 stairs back up to the back yard. The alley is 6' wide and the compressors would encroach about 15", at or below eye level. Besides the work of installing, he would need continued access to our property for ongoing maintenance. We are also concerned about the noise of the units as there are bedroom windows opening to the alley. What would be our rights in denying him access/installation?


Asked on 2/26/15, 5:40 am

1 Answer from Attorneys
Miriam Jacobson Retired from practice of law

You have no obligation to give a right for such an installation. However, given your previous good relationship, you may want to discuss possible alternative locations for the compressors, and negotiate some kind of easement agreement. If you reach an agreement, you should have it documented and recorded so that it doesn't depend on your or your neighbor's memory when any issue comes up later on.

Consult an experienced real estate attorney in your area to assist you in the negotiations and documentation of the easement agreement.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

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Answered on 2/26/15, 12:16 pm


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