Question:
Our area is receiving shinui taba allowing for expansion of each apartment. The only place for me to build is on the roof where there are collective solar panels. Naturally I will need to move those panels and plumbing at my own expense and create a new roof above the area on which I am building. How does halacha view possible rights/justification of neighbors who may insist on payment or what they might see as compensation for my building on the current roof which is inaccessible to anyone’s dwelling expansion other than mine?
Answer:
Hello,
It would be worthwhile to look at the contract of sale, as it is possible that the neighbors do have legal rights and ownership over the roof together with you. Additionally, according to Israeli law, a building contains a number of apartments, the roof is owned by all of the owners in the building. This is even if they wouldn’t want to add a bedroom on the roof, however they might want to make a storage area, or a study on the roof. If they have legal rights over the roof they are entitled, if they want to ask for compensation.
Best wishes
