RPAPL 881 Access Agreement Bond Posting Checklist

For Developers, Contractors, and Property Owners in New York City

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 Access Agreement: Basic Project Information

• Project involves construction, repair, or renovation requiring access to adjacent property
• Access has been refused or delayed by adjoining owner
• Petition under RPAPL § 881 will be or has been filed

Risk Factors Triggering Bond Requirements

• Work involves excavation, underpinning, demolition, or structural alteration
• There is a risk of damage to neighboring property
• Project involves intrusion into airspace (e.g., balconies, cantilevers)
• Construction will require long-term or repeated access
• There is a history of disputes or code violations on similar projects

Court-Imposed Conditions In An RPAPL 881 Access Agreement

• Judge may require posting of a bond or undertaking to protect the neighboring property owner
• Courts often refer to RPAPL 881 bond requirements when determining the appropriate level of protection for adjoining properties
• Bond may cover:
  • Potential property damage
  • Failure to restore property
  • Extended occupation or overstay
  • Breach of access agreement terms

Document Preparation

• A proposed RPAPL 881 Access Agreement should clearly define the scope, duration, insurance, indemnification, and restoration terms:
  • Comprehensive scope of work
  • Duration and termination terms
  • Indemnification clause
  • Detailed insurance coverage
  • License fee provisions
  • Offer of reasonable bond amount (if applicable)
• Construction professional affidavit supports necessity and duration of access
• Certificate of insurance (COI) is available and compliant with adjacent owner’s requirements

If You Are The Adjoining Property Owner

If a developer requests access to your property, review all terms of the proposed RPAPL 881 Access Agreement carefully before signing.

• Demand:
  • Proof of insurance
  • Posting of performance bond if construction poses risk
  • Security deposit or escrow where appropriate
  • Restoration plan and timeline
• Consult legal counsel before signing any license agreement

Proof Of Insurance

• Posting of performance bond if construction poses risk
• Security deposit or escrow where appropriate
• Restoration plan and timeline
• Engage counsel with experience in RPAPL § 881 litigation
• If agreement fails, prepare for court-ordered license with conditions
• Be prepared to argue for or against bond based on project risk and disruption

If you are experiencing difficulties enforcing a construction access license, contact James J. Corbett, P.C. today.

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

Ensure your access license is enforced effectively—work with James J. Corbett, P.C. for legal solutions in NYC.