Objection to Construction
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Question
A ground floor neighbor who has a private yard registered in his name in the land registry objects to the construction by the neighbor from the third floor who wants to build a balcony. He claims that this reduces the area suitable for a sukkah, and additionally, it is inconvenient for him because until now the sukkah was adjacent to the kitchen and now it is far away.
Answer
Since the yard is his private property, his airspace extends to the heavens, and therefore he can legally refuse. Even if the municipality approves the construction, according to Torah law, the upper neighbor is prohibited from building. Since the airspace is his, he can sell the right to build there according to the law.
Source
Bava Batra 64
Comments
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