Expanding a Balcony Over a Private Yard
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Question
Dear Rabbi, shlita, Hello, I purchased an apartment on the ground floor of a residential building, and I also bought an adjacent yard that is registered with the apartment in the land registry. One of the neighbors on the third floor, who has two sukkah balconies facing my yard, now wants to expand both of them at the expense of part of my yard. According to Halacha, can he expand the balconies and prevent me from building a sukkah in the area of the expansion, despite my objection? Best regards,
Answer
Hello,
Response from the Rabbis of the Beit Hora'ah:
If the neighbor who is building has a permit from the municipality, it means that the building complies with the regulations, and it is difficult to prevent it. Unless there is a strong claim that there is no space left for a sukkah for the resident on the ground floor.
However, if the upper neighbor builds without a permit, it is certainly possible to prevent it according to the law.