At James J. Corbett, P.C., we represent New York City property owners in negotiating and enforcing construction access agreements, including those governed by RPAPL § 881. When developers need access to your property for adjacent construction, we ensure your rights are protected, your property is safeguarded, and you receive fair compensation.
What is a Construction Access Agreement?
A construction access agreement is a legal document granting temporary rights for one party—usually a developer or contractor—to enter or use another’s property during construction. In NYC, these agreements are often needed to install scaffolding, access walls, or install protective barriers on neighboring properties.
What is RPAPL § 881?
RPAPL § 881 is a section of New York’s Real Property Actions and Proceedings Law that permits a developer to petition the court for access to an adjoining property when consent is withheld. Courts often impose conditions such as insurance, indemnification, and financial compensation to the adjoining property owner.
When is an Access Agreement needed in NYC?
Access agreements are needed when construction activities—like facade restoration, window replacement, or excavation—require entry onto, or impact, neighboring properties. NYC Building Code and DOB regulations often mandate these agreements.
JCPC’s Approach to Access Agreements
We guide clients through every phase—from negotiating favorable terms, reviewing insurance and indemnification clauses, to representing clients in RPAPL § 881 proceedings if voluntary agreement cannot be reached. We focus on protecting property rights and minimizing disruption to your building or tenants.
Frequently Asked Questions
What happens if I deny access to a developer?
If you deny access, the developer may file a petition under RPAPL § 881 in Supreme Court. The court can grant access upon terms that are just and reasonable, including compensation and protective conditions.
What should an access agreement include?
An agreement should clearly define the scope of work, duration, access zones, restoration obligations, insurance requirements, and compensation for use and inconvenience.
Why hire an attorney for an access agreement?
Construction access agreements impact your property rights and expose you to potential liability. An experienced construction access agreement lawyer will ensure your interests are protected, your property is safeguarded, and negotiate fair compensation. For a construction access agreement lawyer in NYC, call James J. Corbett, P.C.
