In New York City, construction projects often require access to neighboring properties. Whether for safety measures, repairs, or structural work, an access agreement is the legal document that allows a property owner or developer to enter or use a portion of an adjoining property temporarily.
Understanding an Access Agreement
An access agreement, also known as a license agreement, is a formal contract between a property owner conducting construction and an adjacent property owner. It outlines the terms under which the developer or contractor can use or enter the neighboring property for a specific purpose.
These agreements are most commonly needed for:
- Scaffolding and sidewalk sheds to protect pedestrians and adjacent buildings
- Façade and wall repairs requiring access to a neighboring structure
- Foundation work or underpinning that may impact a shared property line
- Equipment use, such as cranes, hoists, or tie-backs extending onto another property
- Temporary entry for inspections, maintenance, or construction adjustments
- Roof protection to prevent damage from falling debris, water infiltration, or other construction-related risks
Key Components of an Access Agreement
A well-drafted access agreement protects both parties by addressing critical elements such as:
- Scope of Work – A clear definition of what work will be performed and how long it will take.
- Property Protections – Safeguards to prevent damage, including protective measures like netting, shielding, or temporary barriers.
- Insurance & Indemnification – Coverage requirements to ensure liability is properly allocated.
- License Fee – Compensation for the temporary use of the neighboring property, depending on the nature and extent of access.
- Entry and Exit Conditions – When and how workers will access the site, minimizing disruption to the neighboring property.
- Restoration Obligations – Responsibilities for repairing any damage caused by the construction activity.
What Happens If Access Is Denied?
Property owners are not required to grant access, but refusing to do so can delay construction projects. If an agreement cannot be reached, the party seeking access may pursue a legal proceeding under RPAPL § 881, which allows the court to grant temporary access under specific conditions.
Why an Access Agreement Is Essential
A properly negotiated access agreement ensures that construction proceeds smoothly while respecting the rights of both property owners. It helps avoid disputes, minimizes risks, and provides a clear legal framework for any necessary temporary access.
If you need assistance drafting or negotiating an access agreement, James J. Corbett, P.C. can help protect your interests and ensure a fair and effective agreement. Contact us today to learn more.
