Those Who Study Torah Sustain the Entire World
In Chapter 1, verse 31: “And there was evening and there was morning, the sixth day” — there is a
Over the past year and a half, I have gone through an exhausting process of obtaining building permits for an addition on the roof, and this process also cost me a great deal of money. Now that I have received the building permits and finalized an agreement with a contractor, I informed the neighbors of my intention to begin construction next week.
To my surprise, two neighbors are demanding payment from me for using the building’s roof, since they claim that the roof is jointly owned by all the residents. Must I pay them, or may I begin construction based on the municipality’s approvals?
If the roof is registered in the land registry as a private roof in your name, you are not required to pay your neighbors for building on the roof. However, if the roof is registered in the land registry as a common roof, it belongs to all the residents of the building, and you must first reach an arrangement with the neighbors regarding use of the roof. Building permits do not confer ownership or proprietary rights to use the roof; they merely grant permission and approval from the municipality to build and add a floor to the building, and this applies only insofar as you have the property rights to do so.
PLEASE NOTE*
Attention: You should not learn from one case to another, each case must be analyzed individually. Generally speaking, it's always best to have contact with a Rabbi in person, not just virtual contact. Note that where there is a local Rabbi("Mara Deatra"), one should ask him. The answers are under the responsibility of the rabbi who responded, and not under the responsibility of the website and/or the Head of the Institution.
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