Legal Question in Real Estate Law in New York

Re: Neighbors Construction of backyard porch in question

Suggest that you examine your neigbor's Construction Permit; your and your neighbor's deed and survey (a public record); and the zoning rules and regulations for your county and township.

It is possible that your neighbor is encroaching upon what could be called the "free space" between your properties. But, you must investigate and if necessary stop the construction, (by legal means) before you are left the cost of repairing the damage to your property interest.

Good luck,

Re: Neighbors Construction of backyard porch in question

The answer to this question depends upon a number of factors. Typically each municipality enacts zoning provisions designed to protect homeowners and preserve the look and environment of each area. The specific zoning regulations are different in each City, Town and Village (and a few may still have few if any zoning regulations). The regulations which govern new improvements to property, called area or bulk requirements, typically include minimum set back distances, maximum lot coverage limitations, and other similar restrictions. To find out the zoning requirements which are applicable to your neighbor, you will need to contact the municipality in which his property is located, and find out the zone, and applicable limitations. You can also request a copy of the building permit for the porch. The Town's building department should have reviewed the location and zoning requirements before issuing the building permit. Of course if no building permit was issued, the building department would stop construction until that was resolved. Another potential avenue to explore is possible deed restrictions governing your neighbor's property, which could either be applicable to his property alone, or to the neighborhood (a project of which his was one house). That investigation would require a title search, so the zoning inquiry would be a more economical first step.