Manhattan co-op real estate lawyer Natalia Sishodia (https://sishodia.com/do-i-have-a-roof-rights-when-purchasing-a-penthouse-in-a-coop/) of Sishodia PLLC has recently published an illuminating article on a crucial, yet often overlooked, aspect of purchasing a co-op penthouse: the rights to the building’s rooftop. The article is a deep dive into the complexities involved in understanding and negotiating these rights, a topic that has remained a gray area for many potential buyers.
As a seasoned Manhattan co-op real estate lawyer, Sishodia’s vast knowledge of the subject is evident throughout the piece. She articulately breaks down the intricate legalese surrounding “appurtenant” and “adjoining” spaces, highlighting the importance of these terms in the context of rooftop rights. Drawing from her extensive experience, Sishodia shares valuable insights into the interpretations of these terms, guiding prospective buyers through the often convoluted process of understanding their exclusive rights to the rooftop.
In her article, the Manhattan co-op real estate lawyer explains, “A standard form proprietary lease for a co-op in New York City defines the premises leased to the shareholder as ‘the rooms in the building as partitioned on the date of the execution of this lease designated by the above-stated apartment number, together with their appurtenances and fixtures and any closets, terraces, balconies, roof or portion thereof outside said partitioned rooms, which are allocated exclusively to the occupant of the apartment.'”
Sishodia further clarifies the implications of these terms, citing a crucial case (Rushmore v. Park Regis Apt. Corp) that led to a clear ruling on what constitutes “appurtenant” and what “adjoins” the roof. She emphasizes the importance of due diligence when purchasing a co-op with roof rights, explaining how the rights to build above one’s unit may not necessarily grant immediate access to the roof.
Lastly, the article presents a comparison between condos and penthouses, outlining the inherent attributes and potential drawbacks of each living space. Sishodia provides a balanced perspective, examining factors such as lifestyle, financial capacity, and maintenance responsibilities, which are critical in making an informed choice.
For anyone considering the purchase of a co-op penthouse, Sishodia’s article serves as a valuable resource. It unravels complex legal jargon and provides clear, accessible information, allowing prospective buyers to navigate the co-op purchasing process with confidence.
To further explore this topic, the full article is available for reading on the Sishodia PLLC website.
About Sishodia PLLC:
Sishodia PLLC is a leading real estate law firm in New York City, known for its commitment to guiding clients through the complexities of the real estate landscape. The firm is led by Natalia Sishodia, an accomplished real estate lawyer with a reputation for providing her clients with clear, practical advice. The team at Sishodia PLLC conducts thorough due diligence on properties, enabling purchasers to make well-informed decisions. Their dedication to delivering quality legal services has made them a trusted name in the field of real estate law.
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Website: https://sishodia.com/
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