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amother
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 Wed, Dec 25 2024, 7:04 pm
What will Bes Din do about neighbor who "built up" and encroached on my property, devaluing my property a lot, when I want to sell iyH?
True or False: We cant go to court. Our only resort is Bes Din?
Can anyone who has gone through this, or similar, give me some advice?
What should I do and what should I not do, to avoid losing big money.
Tia
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amother
Seablue
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Wed, Dec 25 2024, 7:24 pm
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Did they do anything illegal? If not, I'm not sure what standing you would have even if your property value goes down.
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amother
Aster
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Wed, Dec 25 2024, 7:26 pm
| amother OP wrote: | What will Bes Din do about neighbor who "built up" and encroached on my property, devaluing my property a lot, when I want to sell iyH?
True or False: We cant go to court. Our only resort is Bes Din?
Can anyone who has gone through this, or similar, give me some advice?
What should I do and what should I not do, to avoid losing big money.
Tia |
They built on your actual property or near your property?
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amother
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Wed, Dec 25 2024, 7:27 pm
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If it’s illegal you need to use court. Not sure what beis din can do, I think they can only solve money disputes.
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amother
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Wed, Dec 25 2024, 7:43 pm
| amother Aster wrote: | | They built on your actual property or near your property? |
They built up a floor, above my house. We are semi-attached and it will be clarfied tomorrow how much they went beyond the halfway point of the 2 identical semi attached houses. The floor they added seems to my neighbors, to be reaching over my house, and devalues my property greatly.
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amother
Garnet
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Wed, Dec 25 2024, 7:53 pm
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What do you mean by reaching over your house ? You share a party wall for the first two floors ? If so are you implying that the added floor is wider than the ones below ?
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amother
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Wed, Dec 25 2024, 7:53 pm
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That’s crazy. They need to fix it.
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amother
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Wed, Dec 25 2024, 8:05 pm
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You ask a shaila but you will probably need to go to court and not BD. Property disputes often end up in court.
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amother
Amber
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Wed, Dec 25 2024, 8:30 pm
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It is wise to check with and obtain written confirmation from a Beis Din, as failing to do so may result in the other party suing you in Beis Din for all the legal costs they incurred due to your actions in secular court.
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amother
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Wed, Dec 25 2024, 9:01 pm
Unless they did illegal I’m not sure you are in luck.
If it is legal speak to a rav. If they tilt outside of the permits given you might just need a building inspector.
one of my neighbors in lkwd had a gorgeous backyard with a gorgeous private deck and a hidden pool. Someone bought a tiny bungalow next door and built a huge 4 story home with 100s of windows overlooking the pool and deck. The neighbor took them to beis din. Not only was the new home fine. It was the old neighbor obligation not to use the pool in bathing suits if the neighbor can see in.
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amother
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Wed, Dec 25 2024, 9:17 pm
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I would’ve freaked out and not allowed them to do it, esp if illegal. If in 5 boros call building dept immediately
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amother
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Wed, Dec 25 2024, 9:43 pm
| amother Slateblue wrote: | | I would’ve freaked out and not allowed them to do it, esp if illegal. If in 5 boros call building dept immediately |
They may have lessened the value of my poperty by a million, etc, and made the house harder to sell, BUT thats against Halacha.
Its called "massering".
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amother
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Wed, Dec 25 2024, 9:45 pm
| amother OP wrote: | They may have lessened the value of my poperty by a million, etc, and made the house harder to sell, BUT thats against Halacha.
Its called "massering". |
Did they build with permits and an architect?
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amother
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Wed, Dec 25 2024, 9:48 pm
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A have you called them and asked them about it? What is their reasoning?
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amother
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Wed, Dec 25 2024, 9:51 pm
A professional is looking into that.
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amother
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Wed, Dec 25 2024, 9:53 pm
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Im sorry to say this , Of course first go to a Rav but you know what its not fair. To call 311 is "Mesira/Massering" so then people do whatever they want and build whatever they want with no regard to the damage they are doing to the house attached. Speaking from my own place of suffering. If I would have done something about it I wouldn't be suffering four years later. Instead I got a stinky attitude of " Its my house I can do what I want." That is not the right way when you are attached in Brooklyn to some one. I want to punch this neighbor in the face for the pain he has caused my family and no I am not talking about something petty like he extended and blocked my sunlight. Its something worse than that. My only comfort is that Hashem knows the truth and Hashem knows the damage he did and is doing still and how now its more difficult for me to rent out part of my multi family home and Hashem will take care of it .
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CatLady
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Wed, Dec 25 2024, 9:55 pm
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There’s a limit to what type of renovation you can do without a permit. You can replace kitchen cabinet doors, for example, on your own but renovations of the scale you are describing would definitely require permits and inspections. It’s worth contacting your municipality. In an area with a lot of semidetached houses, this is probably not the first upward expansion and there may be legal precedents.
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amother
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Wed, Dec 25 2024, 10:01 pm
| amother OP wrote: | They may have lessened the value of my poperty by a million, etc, and made the house harder to sell, BUT thats against Halacha.
Its called "massering". |
What if the value would only lessen by like 100-200k? Is that still relevant?
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amother
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Wed, Dec 25 2024, 10:02 pm
| amother NeonBlue wrote: | | Im sorry to say this , Of course first go to a Rav but you know what its not fair. To call 311 is "Mesira/Massering" so then people do whatever they want and build whatever they want with no regard to the damage they are doing to the house attached. Speaking from my own place of suffering. If I would have done something about it I wouldn't be suffering four years later. Instead I got a stinky attitude of " Its my house I can do what I want." That is not the right way when you are attached in Brooklyn to some one. I want to punch this neighbor in the face for the pain he has caused my family and no I am not talking about something petty like he extended and blocked my sunlight. Its something worse than that. My only comfort is that Hashem knows the truth and Hashem knows the damage he did and is doing still and how now its more difficult for me to rent out part of my multi family home and Hashem will take care of it . | its not right at all and I don't believe it's true massering. The intent was never that yidden should commit crimes against other yidden and get away with it just because he chose to do it to another yid. Not all yidden are good and some see this as a loophole to do as they please without consequence.
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amother
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Wed, Dec 25 2024, 10:03 pm
| amother OP wrote: | They may have lessened the value of my poperty by a million, etc, and made the house harder to sell, BUT thats against Halacha.
Its called "massering". |
They stole your property if they built on your land. You probably can do whatever you need to take it back halachically. You can ask beis din what steps you are allowed to do now.
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