adjacent property causing excess costs

This is a discussion on adjacent property causing excess costs within the Construction & Renovation forum, part of the REAL ESTATE & PROPERTY LAW category; I am trying to find a court ruling on this issue. Property owner #1 filed plans and received a permit ...

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Old Mar 18th, 2008, 05:56 PM   #1
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Default adjacent property causing excess costs

I am trying to find a court ruling on this issue.

Property owner #1 filed plans and received a permit to construct a community facility mixed with professional offices and has approved plans and permits which the zoning allows for a 3-4 story building plus 30 feet below street level for a basement and sub-basement. I am property owner #2 of an adjacent vacant lot, hoping one day to construct a 3 story residential dwelling with a foundation that would go no more than 3 - 4 feet below street level which is normal in this Brooklyn, NY neighborhood. As per engineers, because property #1 is excavating 30 feet below street level, I must follow the 30 foot foundation of property #1 with a 30 foot foundation on my property. The cost estimated is between $150,000-$200,000 additional for the excavation and foundation. Additionally, my property is adjacent to property #3 which has a house that I will be required to underpin 30 feet to match up to the depth. This is at an enormous cost which I am now waiting to receive an estimate.

My question is, where would I find a court ruling of a similar case which I can show to the property #1 owner to try to arbitrate a peaceful settlement to avoid the enormous amounts of legal expenses.

Your help is very greatly appreciated.

Thank you once again.
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