Q: A shared alley separates my Staten Island home from my neighbor’s. The property line runs down the center of the alley, so we every personal half of it. A gate attaches the 2 properties. My neighbor put a padlock on the gate, and has not given me a key. So I’ve no entry to my property from that facet — I can’t entry the air-conditioning condenser and gear. I’ve written to my neighbor asking for a key, however she has not responded. What can I do? If I must make repairs on that facet of my home can I reduce the lock with a bolt cutter?
A: You’ll be able to reduce the lock if it’s limiting entry to your property. However first, give your neighbor the good thing about the doubt. Maybe she missed the letter and doesn’t know that you may’t entry your personal property. Knock on her door and ask her if she acquired the letter. Ask for a spare key, and take it from there.
If she doesn’t reply, or if she rebuffs your request, write a second letter. Ship this one licensed mail so you will have a report that you just despatched it, stated Eric D. Sherman, an actual property lawyer and a accomplice within the Manhattan workplace of the regulation agency Pryor Cashman. Clarify that you just want entry to your property and would really like a replica of the important thing by a set date. When you don’t obtain a key by the deadline, inform her that you’ll reduce the lock and change it with a brand new one.
“If the deadline passes and you continue to haven’t heard something, reducing the lock appears affordable beneath the circumstances, so long as you give a key to your neighbor,” Mr. Sherman stated.
Embody a replica of the unique letter with the second you ship her, in addition to the important thing for the brand new lock that you just plan to put in so that you don’t must go to the difficulty of writing her once more if you need to change the lock.
Nonetheless, earlier than you placed on a brand new lock, make it possible for the gate needs to be locked in any respect. If a utility meter, for instance, is on the gated facet of one in all your homes, it’s definitely attainable the gate wants to stay unlocked.
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