If my property line splits a 2-stall garage in half, canI tear my half down?

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If my property line splits a 2-stall garage in half, canI tear my half down?

Half is mine; half my neighbors. My side of the garage is leaking and the roof is rotting. My neighbor will not allow me to replace his half of the roof because his side is not leaking. I cannot just replace my side; the whole thing needs done at one time. Can I legally tear my half of the building down to make room for me to build a new building?

Asked on July 7, 2011 under Real Estate Law, West Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Sure, as long as you do no damage to his side of the building.  I liken this question to Shakespeare's Merchant of Venice where Shylock is entitled to a pound of flesh but not an ounce of blood.  Impossible to take one without the other.  You need to resolve this amicably with your neighbor or you need to seek help from an attorney about asking a judge to intervene and decide the matter for you.  You can not be forced to watch your side deteriorate and lose value because your neighbor is being stubborn. Some problems with neighbors are never easily solved. It sounds like you are going to need help.  Good luck to you. 


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