QUESTION

My neighbor hired a contractor to come over to remove a retaining wall from my property without me knowing Can I Sue my neighbor for property damage ?

Asked on Dec 07th, 2023 on Residential Real Estate - New York
More details to this question:
My neighbor had a construction company cone over without consulting me first and had them remove 28 feet of my retaining wall that is on my survey. I want to Sue my neighbor now for damages she caused on my property. I donโ€™t want to Sue the construction company because they were following her orders
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1 ANSWER

Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
You can absolutely sue your neighbor for trespass and property damage for the cost to rebuild your retaining wall, assuming it did not violate any local building codes and ordinances. Such statutes generally set height limits, may have guidelines for building materials and may also require permits. Before you rebuild check your local building department to determine whether you need a permit. Even if your retaining wall was built without a permit or violated the local building code in some other way, that didn't give your neighbor the right to take it down. They could've complained to the building department which would've investigated and made a determination as to the legality of the retaining wall.
Answered on Dec 26th, 2023 at 12:15 AM

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