Party Walls: When Advertising Crashes the Party

Is someone advertising on your party wall without your consent? If so, you may be entitled to licensing fees.

Generally speaking, in New York the property owners sharing a party wall each have a cross easement for support. In practical terms, this law allows adjacent property owners to construct their buildings with a common wall and extend those buildings vertically. However, courts have held that this easement for support does not necessarily include the right to post advertising signs in the event that one building is taller than the other, or one building is removed. See e.g. Sakele Brothers, LLC v. Safdie, 302 A.D.2d 20 (1st Dept. 2002). Therefore, if a neighboring property owner removes all or a portion of their building and installs signage on the exposed party wall without the adjacent owner’s consent, the signage may be deemed a trespass.

Courts have held that the remedy for trespass is damages. See Decamp v. Bullard, 159 N.Y. 450 at 454-455. In other words, if an owner wishes to post advertising on a party wall, then said owner may be required to enter into a license agreement with the adjacent property owner. Said agreement may address non-financial terms such as insurance, indemnification, and municipal permitting.

 

For more information on party walls in New York, please contact us at (914) 338-8050 or send an e-mail to keith@betenskylaw.com. We look forward to hearing from you.

Betensky Law PLLC

118 N. Bedford Road, Suite 302

Mount Kisco, New York 10549

(914) 338-8050

keith@betenskylaw.com

www.betenskylaw.com

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