Facing challenges accessing a neighboring property? It’s a common issue for many property owners and developers in New York. So, what should you do in such situations? Whether it involves new construction, maintenance, or utility work, establishing a clear access agreement is essential to prevent disputes and protect your property rights.
In the bustling construction landscape of New York City, where high-rises and renovations are constant, property owners often face requests—or demands—for access to their buildings from neighboring developers. These "access agreements" allow temporary (and sometimes more permanent) entry to install scaffolding, conduct surveys, or perform protective work, all while safeguarding your property...
May 21, 2025 – James J. Corbett, P.C., New York City
What Happened in the Boerum Hill Case?Boerum Hill Property Holdings, LLC had already drilled over 100 tie rods into a neighboring wall without a written agreement or valid permission. This action,...
In the evolving world of New York construction law, few statutes are more frequently litigated—and misunderstood—than RPAPL 881. A recent decision from the Appellate Division, Second Department, Franklin Carroll, LLC v. Carroll Development Plaza, LLC, 2025 NY Slip Op ___, sheds new light on how...
Before commencing construction that may impact neighboring property, use this checklist to assess whether a bond may be required—and prepare accordingly as part of an RPAPL 881 Access Agreement.
RPAPL 881...In a precedent-setting RPAPL § 881 case, a Manhattan court ruled that an adjoining property owner is entitled to RPAPL 881 license and legal fees after a developer continued using the property post-license. Here’s what it means for NYC developers and building owners.
Key takeaway: NYC developers must...
When a construction project in New York City requires access to a neighboring property, disputes are often resolved through license agreements or, when necessary, a petition under RPAPL § 881. But one common and critical question is: Will the court require the developer or petitioner to post a bond as a condition...
In New York City, securing a construction access license is only part of the process—ensuring compliance and enforcing its terms is equally critical. Developers and property owners who encounter resistance, violations, or delays related to access licenses must be...
Navigating construction projects in New York City requires precise legal planning—especially when your project involves accessing an adjoining property. A construction access agreement, sometimes called a license agreement, is...
