When Michael Acton saw his neighbor digging holes just at the foot of his home, he left his house, and it wasn’t pretty. Police were called to 271 Van Cortlandt Ave. E. and Acton was given a court order for trespassing. 

And in the space of a month, the feud between Acton and his neighbor, Nazmul Alam had gone from bad to worse after Alam removed the 100-year-old retaining wall that separates the neighbors’ homes. This happened without the approved city Department of Building (DOB) permits, resulting in the agency issuing a full stop work order. For Acton, much of the fear in Alam’s project– the repaving of his driveway– stems from it falling so close to his sewage pipe, which he estimates could cost $40,000 if his main pipe is damaged.  

The legal fight between Acton and Alam has just gotten started, with Alam already receiving citations through the Environmental Control Board for leaving his side of the retaining wall. And it’s moving to civil court. With Norwood comprised of multi-family homes abutted to one another, the question of encroachment from one homeowner to another surfaces every now and again.

And how much of a say one homeowner has over their next door neighbor’s construction project prompted the Norwood News to seek comment from the DOB. In some cases where a retaining wall functions as the dividing line between the two properties, both homeowners can privately agree on maintenance terms. The DOB does not get involved. 

Regarding Acton and Alam’s properties, a DOB spokesperson did confirm that, “Work on a retaining wall situated between two properties requires permits to be obtained for both properties. In this case, a permit was obtained for 273 Van Cortlandt Ave., but no permits were issued for the work at 271 Van Cortlandt Ave. E.” This resulted in the stop work order. 

Stop work orders are the result of work that violates construction codes, zoning resolutions, “or any law or rule enforced by the [DOB]; and when work at a site is being done in an unsafe manner.” The DOB recommends homeowners to call 311 if they sense construction work at an adjacent property could endanger their property. 

With the stop work order in place, Alam is now barred from continuing any work on his driveway. He must compromise with Acton to get a permit approved and have the property reinspected. If he decides to continue, any work he can face up to $5,000 to $10,000 worth of civil penalties. 

Alam declined to be interviewed by the Norwood News, though he was spotted taking video of when a reporter visited Acton’s home. 

Acton has lived in his home for the last 50 years. At one point his neighbors were his brother and sister, who eventually sold their homes. Alam now lives in one of these homes. 

The driveway faces Rochambeau Avenue and is located across the street from M.S 80. A next-door neighbor who lives on Rochambeau Avenue  weighed in on Alam’s construction plan and the retaining wall that fell down. “I asked him why is he attempting to complete this. He doesn’t realize what effect it will have on everyone near,” said the neighbor, who asked to be unnamed. 

admin

Welcome to the Norwood News, a bi-weekly community newspaper that primarily serves the northwest Bronx communities of Norwood, Bedford Park, Fordham and University Heights. Through our Breaking Bronx blog, we focus on news and information for those neighborhoods, but aim to cover as much Bronx-related news as possible. Founded in 1988 by Mosholu Preservation Corporation, a not-for-profit affiliate of Montefiore Medical Center, the Norwood News began as a monthly and grew to a bi-weekly in 1994. In September 2003 the paper expanded to cover University Heights and now covers all the neighborhoods of Community District 7. The Norwood News exists to foster communication among citizens and organizations and to be a tool for neighborhood development efforts. The Norwood News runs the Bronx Youth Journalism Heard, a journalism training program for Bronx high school students. As you navigate this website, please let us know if you discover any glitches or if you have any suggestions. We’d love to hear from you. You can send e-mails to norwoodnews@norwoodnews.org or call us anytime (718) 324-4998.