Legal Question in Construction Law in New York

construction of adjoining property

There are 3 lots first is a lot, second is a lot, third is a building. #1 lot owner is excavating 30 feet below ground for his construction job. #2 lot owner is forced to do the same when he decides to build on his lot and is also forced to underpin lot #3 building. Was there ever a US ruling that lot owner #1 is responsible for the additional above $200,000 expense he is causing to lot #2 owner?


Asked on 3/18/08, 1:29 pm

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

Re: construction of adjoining property

Whoa. #1 lot owner seems to have violated the duty of lateral support that he owes to his neighbors. He should have built a retaining wall. If lot #2 is subsiding, the owner should sue the snot out of Owner #1.

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Answered on 3/18/08, 1:35 pm


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