Adjoining property is doing extension- beam is on my property (residential)

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    Correct. I also know of an actual situation where this happened to a well known Rosh Kollel. After attempting to reason with his neighbor, he was adviseded by his Posek to get an immediate stop work order until the matter could be settled, hopefully by Beis Din. The reasoning was that allowing construction to proceed would only cause the other party to become more stubborn due to the increasing costs invested. Every situation is different but Joseph’s blanket statement that a stop work order constitutes mesira is only more of his usual fake halacha.

    Edited by request


    DY, I’m not claiming to have a source, nor am I paskening for others.


    Ask people who are both experts in halacha as well as experts in this field and they wiil tell you that getting a stop work order on this situation we are discussing is by no means considered mesira in any way shape or form


    Putting construction equipment on your property does NOT make you liable.
    If your neighbor trespasses and puts construction equipment on your property, you are not liable for consequences. Liability in tort depends on negligence. The equipment is not under your dominion and control. As soon as you notify the neighbor that he is trespassing you have basically absolved yourself of liability. Your neighbor has created the attractive nuisance that could cause harm to inquisitive children, not you. You have no legal right to move the equipment, but would have to get the authorities involved to do so.
    Your copy of the notice of trespass to your neighbor, be it by text, fax, certified letter, email and your complaint to the building/zoning officials will stem any potential liability.
    For those who don’t want to get involved with the secular government, contact your homeowners insurance carrier, they’ll pursue the matter to avoid having to defend a potential claim.

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