[Your Name]
[Your Address]
Date
Town of Southampton
18 Jackson Avenue
Hampton Bays, NY 11946
Fire Prevention (631) 702-2919
Fax (631) 728-3688
Re: Response to Notice of Violation
Dear Sir/Madam,
This letter serves as my response to the Notice of Violation that you sent me dated [ENTER DATE].
In the Notice of Violation that you sent me, it was alleged that I failed to provide access to utilities located in the basement. Accordingly, the Notice directed me to provide access to the basement for homeowners and contractors when work on the utilities is required.
The New York State law recognizes and protects rights in and to private property. Accordingly, “trespass is characterized by one’s intentional entry, with neither permission nor legal justification, upon the real property of another.” Wells Fargo v. Tyson, No. 2007-28042, 2010 WL 753360, at *4 (Sup. Ct. Mar. 5, 2010) (Emphasis added). To be liable for trespass, the individual must intend the act which amounts to or produces the unlawful invasion, and the intrusion must at least be the immediate or inevitable consequence of hat he willfully does, or which he does so negligently.” Phillips v. Sun Oil Co., 307 N.Y. 328, 331 (N.Y. 1954).
In light of the foregoing, I found it a violation of my property rights when my neighbor and the Solar Company just showed up at my house without any notice. I contend that there is a need for permission and at least a Notice of access, before any person is allowed entry into my property. Failure to provide a Notice of access and to seek my permission would amount to a violation of my property rights.
Notably, I was never asked for permission nor did the neighbor or the Solar Company seek for an appointment in order to make the installations. Accordingly, I request that I be given prior notice of at least one month because of the tight schedule for all the members in my house. We all work at the hospital, which makes our schedules tight. Besides, we need an appointment booked for any entry into my property.
I am also concerned over the risks and liability that may be incidental and consequential to any electrical work. My house is old. I therefore need to have clarity on what job the individuals will do, the duration of the job, the frequency of access, and whether there are any involved risks/liabilities to our house. There should also be an assurance that if anything happens, the said individuals will be solely responsible. After that, we need to agree to a schedule that will work for all of us.
Thank you in advance.
Sincerely,
Signature
________________________
[Your Name]
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