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...
The recent decision in W 108 Development LLC v. Nour Foundation by the Supreme Court, Appellate Division, First Department, provides valuable insights into the complexities of RPAPL 881 proceedings, particularly regarding attorneys’ fees and license conditions. Property owners and developers seeking access to adjoining properties should take note of the legal and...
In the dense urban landscape of New York City, construction projects often require access to adjoining properties. Whether you are a developer seeking access or a property owner being asked to grant entry, a well-negotiated construction access agreement is crucial to protecting your interests.
At James J. Corbett, P.C.,...
In New York City, where buildings stand shoulder to shoulder, construction projects often require access to adjoining properties. But what happens when a property owner refuses to grant access? Under Real Property Actions and Proceedings Law (“RPAPL”) § 881, developers and property owners may petition the court for a license to enter...
Granting construction access to a neighboring property comes with inherent risks, including structural damage, personal injury, and environmental hazards. Insurance provisions in access agreements serve as a safeguard, ensuring that any damages, claims, or liabilities arising from...
