Massachusetts Agreement between Adjoining Landowners Regarding Construction along Common Boundary and Fixing Liability for Damage
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FAQ
A Any substantial interference with a right of way is a nuisance in common law. The owner of the right (known as the dominant owner) can apply to court for an injunction and damages if the landowner (or servient owner) blocks it.
Building construction can occur during the hours of AM to PM, seven days a week, including holidays. Any work done before or after these hours must not exceed the noise level of five decibels at the nearest lot line unless a special permit has been granted to allow this.
The right of a landowner to have his buildings supported by his neighbour's house or other structure.
Lateral support exists when the adjoining lands are side-by-side. It is the right of the land to be naturally upheld by its neighboring land(s) and supported against subsidence, i.e. slippage, cave-in or landslide. Subjacent support exists when the adjoining lands are above and below.
Lateral and subjacent support, in the law of property, describes the right a landowner has to have that land physically supported in its natural state by both adjoining land and underground structures.
The right of lateral support is a common-law doctrine embodying the principle that the owner of land has a right in having their soil in its natural condition remain in its natural position without being caused to fall away by excavations or improvements made on adjoining land.
Most state and city laws specify that residents have a right to quiet enjoyment of their home, which includes limits on excessive noise from nearby properties under construction.
Adjoining Properties means any real property or properties the border of which is (are) shared in part or in whole with that of the Property, or that would be shared in part or in whole with that of the Property but for a street, road, or other public thoroughfare separating the properties. Sample 2.
'Adjoining dwelling-houses, adjoining flats, adjoining rooms for residential purposes and adjoining buildings are those in direct physical contact with another dwelling-house, flat, room for residential purposes or building. '
Answers (3) First of all you should have issued him with a legal notice instructing him to restrain from raising any structure in the common area as he has no rights to utilise the common area meant in common for all and such an action is illegal by law as well as against natural justice.
