Legal Question in Real Estate Law in New York

Re: I want half the cost of brick wall from my neighbor

It could be argued that the neighbor's failure to object to the wall construction was "constructive consent" to the wall's placement, on your neighbor's property line. Which means the neighbor may be prevented from removing the wall.

However, if the "party wall" constructed was not a "necessity" to protect the integrity of the land, whether yours or your neighbors, it is very unlikely the Court will charge your neighbor with the costs or (one half) payment of the wall construction, where your neighbor did not "Actually Consent or Agree" to pay for same.

Please note if you can answer the following questions (in your favor), the Court might be able to rule on your behalf.

To wit:

a) When did your neighbor AGREE TO PAY for the wall that You "informed" the neighbor that you were going to build?

b) When did your neighbor give PERMISSION for you to build the wall on his/her property?

c) What local property rules, ordinances, "license" or permission did you rely upon, to construct the wall on either your or your neighbor's property, that you 'reasonably" believed, requires your neighbor to "pay for" and "maintain" the "party wall" constructed, that the neighbor did not request or actually agree should be built?

Good luck,