4

Contemporary buildings in Jerusalem for Haredim are built in such a manner, that the balcony of the first floor extends to, say, 20 feet, 2nd floor 17 feet, 3rd floor 14 etc, so each one has 3 feet of the skyline above the balcony to accommodate for a Kosher Succah.

A neighbor on a higher floor wants to hang an air conditioner behind his wall right above the "Sucah space" of the floor beneath.

Can he do it? And who owns the air above that "Sucah space" part of the balcony?

2

In the specific case which the poster describes the building is built in such a way to allow each neighbor to have a Succah area. Thus the upper neighbor does not have a right to block his lower neighbor from utilizing his Succah rights, as this is part of the way the buildings rights are distributed and all the tenants who live in the building must comply.

This is the Psak both of Rav YS Eliyashiv ZTL and of R' Nissim Karelitz.

  • +1 But what's the Psak - if it is signed in the agreement it would hold anyway, if not - what's the Psak against an agreement? – Al Berko Sep 2 '18 at 21:22
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    @AlBerko No signed agreement is needed. Since this is the way the building was originally built it obligates anyone who lives there to comply. – RibbisRabbiAndMore Sep 2 '18 at 21:24
  • If those are monetary rights, and they are, they are subject to an agreement. I can buy the rights to put air conditioners everywhere, for example, from all my neighbours – Al Berko Sep 2 '18 at 21:28
  • BTW, what would the sources be? Any Choshen Mishpat relevant? – Al Berko Sep 2 '18 at 21:31
  • @AlBerko If the upper neighbor bought those rights from the neighbor below, there would be no question here. Obviously, the question was when he did not. – RibbisRabbiAndMore Sep 2 '18 at 21:32

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