Party walls, or common walls shared by two buildings, often give rise to issues relating to vertical extension, structural stability, maintenance, repairs, trespass, nuisance, easements, licenses, privacy, access to light and air, demolition and noise and vibration.
Mr. Betensky has developed a niche practice area centered on addressing party wall issues in New York City. He successfully litigated a party wall trespass case up to the New York State Supreme Court, Appellate Division and he has litigated and negotiated settlement agreements and license agreements between abutting property owners in Manhattan. Betensky Law PLLC is uniquely qualified to handle party wall issues due to his extensive transactional and litigation experience.
Betensky Law PLLC uses a collaborative approach to understand the unique circumstances of the party wall and the adjacent landowners’ concerns. We routinely draft license agreements, temporary access agreements, recordable party wall easement agreements, construction agreements, escrow agreements and other types of agreements. In the agreements we often address issues concerning term, timing, indemnification, insurance, real time party wall monitoring, crack gauges, vibration meters, exterior target surveys, noise and vibrations, building code requirements, and other related issues.
In certain cases, it may be appropriate to have funds held as a security deposit or escrow for construction defects or damage. Having worked on a large number of party walls we have experience speaking with design professionals such as structural engineers, architects and contractors in order to gain a better understanding of the issues at play, and arrive at an agreement that comprehensively memorializes the rights and obligations of the parties.