Neighbor Rights During Construction in My State

Construction projects can cause noise, leave debris, and even damage your property. Neighbors should let you know about any construction projects and stay on top of their contractor to make sure the work does not cause unnecessary damage.

Unfortunately, it’s usually up to you to take care of problems on your property caused by a neighbor’s construction project. You can contact the city or local government for building, zoning, or code violations. And for any damage to your property, you may need to take legal action.

Your neighbor rights during construction can depend on local zoning and state laws. For legal advice about what you can do, talk to a local construction litigation attorney.

Common Issues with Neighboring Construction Projects

Having neighbors is part of becoming a homeowner. You don’t have much control over your neighbors, and tensions can rise if there are construction projects.

Common legal issues during neighbor construction projects include:

• Noise pollution
• Debris, dust, and trash
• Property damage
• Drainage problems
• Property line disputes
• Power, sewer, and utility cut-offs
• Structural damage from heavy machinery

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Try Talking To Your Neighbor

Many construction complains are avoidable by talking to your neighbor and expressing your concerns. Your neighbor may not know about the construction issues until you raise them.

Your neighbor can talk to the construction company and resolve any complaints to avoid escalating issues to litigation. However, if talking to your neighbor does not help, you need to take further action.

Following Building and Safety Codes

The construction company has to follow local laws for construction problems, including construction hours, noise levels, and getting permits for blocking sidewalks or road access. However, many contractors violate these codes unknowingly or because they think they can get away with it.

When demand for construction workers skyrockets, the pool of experienced laborers stays more or less the same. “It dilutes the labor force,” explains Ray Mellon, a construction litigator at Zetlin & De Chiara in New York City. “You have workers ignorant of building practices and people cutting corners.”

It’s the responsibility of the local building and property compliance department to ensure that projects adhere to building codes for safety and soundness. New projects and renovations must follow local zoning ordinances. However, many government building agencies are understaffed and underfunded. “Developers can’t get approvals quickly,” says Mellon.

If you are losing reasonable enjoyment of your property, or prevented from using your space, you are entitled to compensation. Case law recognizes this.

Your Rights Regarding Property Damage

When the construction causes property damage, the construction company or your neighbor is generally liable for compensation.

You may want to file a claim with your homeowners insurance because the insurance company will take care of the legal claim to recover compensation. The cost of the deductible is often less than the legal costs of recovering damages in court.

Interfering With Your Property Rights

As a property owner, you have the right to quiet enjoyment of your property. Construction projects on a neighbor’s property should follow local housing and construction codes, including time and place restrictions.

“If you are losing reasonable enjoyment of your property, or prevented from using your space, you are entitled to compensation,” says Mellon. “Case law recognizes this.”

Boundary Lines and Easement Issues

Boundary lines are a common source of construction complaints. Your property is contained withing strict boundary limits. Your property deed or title generally detail the exact measures of your land, property rights, and any easements. If you want to know the exact layout of your property, get a property survey to show you the exact property lines.

You need to speak up immediately if the neighbor’s construction project encroaches on your property. If you leave it too long, you could lose your property claim. States with adverse possession laws allow others to claim property by open and continuous use of the property for a long enough period of time.

An easement is a right to use a portion of your property for a limited purpose. Most homeowners have a utility easement on their property, so the electric company, cable company, and other utilities, can access and maintain lines and pipes. Some property owners also have an easement with their neighbors for shared usage rights in a driveway. Your property title should show any easements on your property.

The construction company can’t use your property to access the construction site without your permission. If the construction company uses your property and causes damage, they are liable for any repair and clean up costs.

When in Doubt, Call the City

“City residents do not have tons of rights regarding construction,” says Cornell Law School professor David Reiss, who focuses on real estate law finance and community development. But, he adds, “They do have some. Technically, many of them are not rights. Rather, citizens have a right to complain.”

Neighbors can call the local government enforcement department about:

• Excessive debris and trash
• Erosion concerns
• Construction noise complaints
• Problems with fences, safety netting, scaffolding or cranes
• Work being done without a building permit
• After-hours construction

When To Involve a Homeowners’ Association (HOA)

Homeowners’ Associations (HOAs) usually have strict requirements for construction projects. These restrictions are often much more limiting than city or county building laws. If your neighbor’s construction project violates HOA rules, contact your HOA office to report your concerns.

Talk To Neighbors and Gather Evidence

“It never hurts to start by talking with the contractor and/or owner directly,” says Reiss, who also recommends talking to your neighbors and city councilmember. As with most things, there’s strength in numbers.

“The more people that complain, the more likely it is to get on the radar of officials,” he says.

He also recommends collecting all the evidence you can and documenting what you see. If necessary, this information can also help in court. “Create a paper trail. Pictures, of course, are worth a thousand words, particularly if they are time- and date-stamped and you annotate them as appropriate.”

Consulting a Construction Litigation Attorney

Nearby construction problems can impede the use of your property and even bring down the property value of your home. Local authorities may not be interested in stopping construction projects, even if they violate local zoning laws. You can turn to a construction or real estate lawyer for help.

For legal advice about the neighbor’s building project, visit the Super Lawyers directory to find an experienced construction litigation lawyer in your area.