Legal Question in Construction Law in New York
My neighbor behind me was allowed by the town to erect another small house at the back of his property. They built it after knocking down trees that soaked up some of the water there...there is a high water table and when there is heavy rain a large pond is created in his back yard that seeps into my yard and my neighbor's yard. The water has been sitting for weeks now and my fence is sitting in that water. This is becoming a health issue as well. The situation is getting worse every year. The town, back then, said it was perfectly legal to do what he did dispite my insistance that it would create more drainage problems. Is there any recourse with the town or the neighbor or both?? I live in Rockland County, NY
thank you,
Kathy
1 Answer from Attorneys
Generally, the neighbor acted legally. So the answer would be that you have no cause of action against the neighbor. The town may or may not have acted legally in granting the permit. However, since it has been years, any cause of action against the town expired under the statute of limitations. Of course, you have a political solution. Vote the bums out.
Finally, it seems that your answer is to replace the trees that were removed.
Mike.
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