Legal Question in Real Estate Law in New York

common driveways

My neighbor who remodeled their home 5 year ago had put in a fireplace which sticks out onto our common driveway(easement) about 4 inches,they are now selling their home and said the nyc building dept. would like us to sign and notarize a waiver stating that it never interfered or bothered us, they never asked us when they built it.What is the legality of this and must we sign and notarize such a letter, Its not our fireplace and obviously they do not have a CofO on it. Can you advise me.


Asked on 12/21/00, 11:57 am

1 Answer from Attorneys
Bunji Fromartz Fromartz Law Offices

Re: common driveways

It depends who owns the land and who has the easement. if they own the land then it means you are giving uop your right to use those few inches.

If you own the land it means that you are giving up them a further easemnt of use to that piece of land.

Bunji Fromartz

718 855 7675

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Answered on 12/27/00, 4:09 pm


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