Adjoining property is doing extension- beam is on my property, about a foot (residential).
Were in shock.
Where do I begin? Which lawyer (professional but aggressive) is best for this? Im in Brooklyn.
What has happened to others with this situation?
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Adjoining property is doing extension- beam is on my property (residential)
(28 posts)-
Posted 10 months ago #
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If it is a Yid, make sure you got to Beis Din. Taking a Yid to arkoyos (goyish court) is a massive aveira. (I think the halacha would even allow someone to kill someone who did that.)
Posted 10 months ago # -
Is your neighbour frum?
Posted 10 months ago # -
why do u have to do anything abt it?
you ging to go to a non jewish court?!? what are you? maybe kindly use you words! dont rush to a non jewish court!Posted 10 months ago # -
If it is a Yid, make sure you got to Beis Din. Taking a Yid to arkoyos (goyish court) is a massive aveira. (I think the halacha would even allow someone to kill someone who did that.)
You are then, hereby, invited to come and kill me. I once called the cops on a Jew (well, his car, specifically) without asking permission from a Rav or a Bais Din.
The Wolf
Posted 10 months ago # -
Its easy to make such an invitation knowing you are unknown to the invitee, so he couldn't accept your fictitious invitation.
Posted 10 months ago # -
choppy (or whatever you call yourself these days),
My email address is well known. Send me an email and I'll be more than happy to make myself available to you for Torah-justice.
The Wolf
Posted 10 months ago # -
Is this always the case, or are there exceptions? First of all no Bais Din can do a survey of the properties- and only lawyers get that done, I believe.
Very frum, Torah abiding lawyers dont ever accept cases when one Jew fights another? I dont think so.
Posted 10 months ago # -
Azoi: What lawyers do to make a buck, including so-called "Very frum, Torah abiding lawyers", does not halacha make or justify.
Yes, you are required to go to Beis Din, not arkoyos (goyish court).
Posted 10 months ago # -
Just a quick question: Did you speak to your nieghbor nicely? Did you point out to him that he is protruding into your property? Perhaps he is willing to provide some sort of financial compensation that you can both agree upon. I have a lot of expeience in dealing with Choshen Mishpat, and often the solutions that leave most people happy are calm, negotiated ones (never let yourself be rushed into a solution; you will only regret it). If you have a wise Rav with experience, he may be able to help come up with an acceptable deal. Don't forget, at the end of the day you two will still be neighbors, possibly for the rest of your lives. You owe it to yourself to deal with this in a calm manner, being as friendly as the situation allows for.
Posted 10 months ago # -
If your property is being damaged and certainly if there is a physical risk of danger due to your neighbor's encroaching on your property you should immediately dial 311 (in NYC) and file a complaint with the Department of Buildings. If your neighbors complain tell them you relied on a famous Aruch Hashulchan in Choshen Mishpat 388. If there is no danger and you can live with the temporary encroachment I advise that you grin and bear it.
Posted 10 months ago # -
I would contact a lawyer as soon as possible. It will be easier to resolve the issue if the construction work is stopped before it gets to far along.
Posted 10 months ago # -
The Aruch Hashulchan in Choshen Mishpat 388 does NOT allow reporting it to the authorities.
Posted 10 months ago # -
Pizza,
"temporary encroachment"?As in this world is our temporary dwelling?
This is the foundation FOR MANY BRICKS TO COME...
Posted 10 months ago # -
You don't clarify if this is a temporary beam during construction, or one that will stay permanently.
If it's temporary, and the neighbor is frum, then you should just let it go, even though what they did was not so nice. Also keep in mind that they may not even realize it's on your property or the contractor may have done it without them knowing.
If however it's permanent, then you need to take action. I suggest consulting your ruv about din torah vs. 311. While it may not be assur to call 311, assuming you live al pi tora, then you should consult a rav.
Posted 10 months ago # -
Apparently choppy doesn't want to take care of this moser. Anyone else want to?
The Wolf
Posted 10 months ago # -
A) Calling the police shut off an alarm blaring in the dead of the night is not mesira.
B) You can only kill the moser before the mesira.
C) One mustn't kill a moser (when permissible/required) if it'll endanger his freedom.
Posted 10 months ago # -
A) Calling the police shut off an alarm blaring in the dead of the night is not mesira.
Source? I cost the fellow money as his car was ticketed. If that's not being moser the mammon of a yid, then I don't know what is. The fact is that I did not go to a Rav or Bais Din before doing so.
B) You can only kill the moser before the mesira.
I find that hard to believe. You hear enough stories about mosrim being threatened well after the fact.
C) One mustn't kill a moser (when permissible/required) if it'll endanger his freedom.
Source? Do you also not have to perform a bris milah on your son if it might endanger your freedom?
The wolf
Posted 10 months ago # -
Wolf: Logically, based on your above comments, you hold that if someone breaks into your home, you must convene a Beis Din rather than call the police. I'm not such a right-wing fanatic, so I disagree with your position.
Posted 10 months ago # -
One must assume that this beam is only temporerilly on the writers property. In NYC there are front yard, side yard and rear yard requirements.
Posted 10 months ago # -
Choppy,shlisi
The Satmar brothers have been slugging it out for years in court over their yerusha. No one has killed them
Posted 10 months ago # -
I assume that everyone invoking the concept of moser is joking. Going to arkaos has nothing to do with mesira. It is a violation of "asher tosim lifneihem".
Posted 10 months ago # -
choppy:- Taking a Yid to arkoyos (goyish court) is a massive aveira.
I think that you Choppy are living in a dream world. In the ideal world you would be right, but in today's contemporary society, Beth Din is not even an option. Lamentably, they are corrupt thru & thru, and time may also be of the essence.
Do you Azolis belong to a Union? If so, your union may have a lawyer at a very reduced rate.
You may also wish to study the very 1st Mishna & accompanying Talmud in Bobo Basra, which discusses this very topic & issue.
With Parshas Ki Sovo literally around the corner, there is only 1 massive Aveiro that I can think of, and it is certainly not going to Arko'us, but simply being "Masig Gevul Re'Eihu" which is 1 of the 11 or 12 curses in Ki Sovo, depending on how these 11/12 curses are counted.
Failing that, you may wish to consult a professional mediator or binding arbitration.
Posted 10 months ago # -
Logically, based on your above comments, you hold that if someone breaks into your home, you must convene a Beis Din rather than call the police.
No, because someone breaking into your home is assumed to be willing to do you harm. That's the whole point of the halacha of ba bamachteres.
The Wolf
Posted 10 months ago # -
Goying to goyishe court without a heter from a beis din is a free ticket to gehenim.
Posted 10 months ago # -
Choppy: That's not what R' Schachter says.
Oh, and see the Tzitz Eliezer (it's somewhere in the beginning of either 18 or 19; maybe it's Siman 3 in one of those?).
Posted 10 months ago # -
Halacha prohibits going to arkoyos even if the secular court would rule according to Halacha. So how does RHS negate that Halacha?
Posted 10 months ago # -
Going to goyishe court without a heter from a beis din is a free ticket to gehenim.
Does this include Yerusha cases?
Posted 10 months ago #
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