Does that plot have a legal right to control what happens on your plot? Cause that is what's going on here: they would interfere with the other person's plot.
What are you talking about? They're not controlling my plot. We each build our houses on our respective plots -- live and let live.
They have regulations for this in NYC: if you want to control what can be built next to your building you can buy the airspace surrounding it. For large buildings this is usually done in a deal that involves a concession such as a public park. If you don't want to pay to preserve the open space next to your building you don't get to keep it.