Who pays the attorney fees in an access agreement?
Under RPAPL § 881, courts routinely require the developer to pay the adjacent owner’s reasonable attorney and engineer fees for reviewing and negotiating the agreement. The developer typically bears these costs for both the original negotiation and any later enforcement, so review usually costs you little or nothing out of pocket.
How much is the license fee for access to my property?
License fees vary with the scope, duration, and impact of the work. Recent NYC cases have shown fees ranging from a few hundred dollars per day for minimal access to thousands per month for extensive scaffolding or staging areas. The amount depends on your property’s size, the access duration, and the disruption to your building.
What insurance should an access agreement require?
An agreement should require comprehensive general liability insurance naming you as an additional insured — commonly in the $1-5 million range depending on scope — plus indemnification clauses protecting you from claims arising from the developer’s work. These provisions guard against property damage, injury claims, and construction defects during the access period.
Will the developer need to post a bond?
Bond requirements depend on the project’s scope and the risk to your property. Courts weigh factors like excavation depth and proximity of structural work. Projects involving deep excavation, underpinning, or significant structural work are more likely to require a bond as added protection for the adjoining owner.
What happens if the developer damages my property?
A well-drafted agreement requires the developer’s insurance and indemnification to cover repairs at the developer’s cost. Pre-construction surveys documenting your property’s condition, plus clear repair and restoration obligations, make damage resolution far more efficient if a problem arises.
What happens if I deny access to a developer?
The developer may file a petition under RPAPL § 881 in Supreme Court, which can grant access on terms that are just and reasonable, including compensation and protective conditions. Refusing outright without negotiating can leave you with court-imposed terms less favorable than a negotiated agreement — so it’s worth getting counsel early.
What happens if a developer overstays the access agreement?
If a developer keeps using your property after the agreement expires, you may be entitled to additional compensation, injunctive relief, damages, and attorney’s fees. Prompt legal action helps enforce your rights under RPAPL § 881.
How long does an RPAPL § 881 proceeding take?
Section 881 petitions are “special proceedings” meant to move faster than typical litigation — often 60–90 days from filing to decision, though complex or heavily contested cases can take four to six months. The expedited nature means acting early matters.