Legal Question in Real Estate Law in New York

What recourse does a homeowner have regarding a pre-existing condition of a raised sidewalk that the town knows about if the town changes its code?

I am a homeowner that had appraised the town by email last month about a raised sidewalk that is located adjacent to my property in the town's right of way which is uplifting by at least 3" by one of the town owned trees (also located in the right of way) & is a potential trip hazard. The town has always been, & still currently is, responsible for sidewalk repairs. I requested for status of the their review of the situation & an estimated timeframe for when they anticipate doing the repair. They replied that funding has been depleted & are considering several options to solve the sidewalk repair issue that the town faces. I just heard this week that the town is considering changing the code. What can I do if they change the code but don't do the repair work of a pre-existing condition?


Asked on 10/08/10, 10:57 am

1 Answer from Attorneys

David Slater David P. Slater, Esq.

Fix it yourself and send a bill and file a claim against them for $ owed.

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Answered on 10/14/10, 5:19 am


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