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 pay for post-license access—even if limited.

In March 2025, the Supreme Court of New York County delivered an important decision that impacts property access negotiations across the city. In *Matter of CMCSSG 221E48, LLC v. Brigette Assoc., LLC*, 2025 NY Slip Op 30983(U), Sup Ct, NY County, Mar. 26, 2025, Ally, J., the court awarded license fees and attorney’s fees to an adjoining owner after determining that access had continued after the expiration of a court-ordered license.

What Happened in the Case?

The developer, CMCSSG, had been granted a license under RPAPL § 881 to enter the neighboring property for renovation-related work. When the license expired on May 15, 2024, the adjoining owner alleged that protections remained up and that the developer continued to benefit from access. The court partially agreed—awarding a $600 license fee and legal costs for the enforcement motion

Why the Court Awarded RPAPL 881 License and Legal Fees

The court’s decision reinforces when RPAPL 881 license fees may be awarded, especially in cases involving continued access after a license expires.

Evidence showed access continued on June 11, 2024, despite license expiration.
The parties had agreed to a $200/day overstay fee.
The adjoining owner was awarded attorney’s fees under established legal precedent.

Backed by Strong Legal Precedent

The decision aligns with past rulings in similar access disputes. In DDG Warren LLC v. Assouline Ritz 1, LLC, 138 A.D.3d 539, 30 N.Y.S.3d 30 (1st Dep’t 2016), the court awarded license fees where use interfered with property enjoyment. Similarly, in Van Dorn Holdings, LLC v. 152 W. 58th Owners Corp., 149 A.D.3d 518, 50 N.Y.S.3d 51 (1st Dep’t 2017), the court affirmed that adjoining owners are entitled to compensation when forced to permit access.

What NYC Developers Should Know About RPAPL 881 License and Legal Fees

To avoid disputes over RPAPL 881 license and legal fees, define terms clearly and document all access-related activity.

Always define license term and overstay fees clearly in your agreement.
Document the date of protection removal with photos and affidavits.
Attorney’s fees can be awarded if enforcement is required.

Quick FAQ: RPAPL § 881 and License Fees

What is RPAPL § 881?
RPAPL § 881 is a New York statute that allows property owners to seek a court-ordered license for temporary access to a neighbor’s property when construction work cannot be completed otherwise.

What are license fees?
License fees are payments made to the adjoining property owner for disruption or loss of use caused by construction access.

Are legal fees recoverable?
Yes. Courts can award reasonable legal fees to an adjoining owner under RPAPL § 881, particularly when enforcing or defending the license.

Need Help With a Construction Access Agreement?
Whether you’re negotiating an agreement or facing a legal dispute over access, James J. Corbett, P.C. helps property owners and developers navigate RPAPL § 881 cases efficiently — including matters involving RPAPL 881 license fees. With decades of NYC construction law experience, we ensure your rights are protected and costs minimized.

📞 Call: 516.679.9494 (Uniondale) | 646.470.1107 (New York City)
🌐 Visit: JamesJCorbett.com