Inside R&E Podcast — Love Thy Neighbor, or Else: The Ins & Outs of Negotiating Access Agreements & RPAPL § 881 Proceedings

In this episode of Inside R&E, Brendan J. Derr and Justin S. Weitzman, Members of R&E’s Litigation department and Co-Chairs of the firm’s Adjacent Property Access & RPAPL § 881 group, join Dave Lorenzo, Founder of Exit Success Lab, for a conversation about construction access agreements and New York’s recently amended RPAPL § 881.

In this insightful conversation, Brendan, Justin and Dave discuss why developers may need access to neighboring properties, the issues that can prolong negotiations, and the circumstances under which a court-ordered license may be necessary. They also examine key changes to RPAPL § 881, including the notice requirement and the potential authorization of permanent encroachments such as tiebacks and underpinning. The conversation covers license fees, compensation, pre-construction surveys, insurance, indemnification and other important protections, offering practical guidance for developers and neighboring property owners navigating the access process.

Brendan is an experienced litigator whose practice includes representing clients in a diverse range of disputes including those relating to real estate, construction, and complex commercial/business matters in both state and federal courts, as well as in arbitration. He routinely drafts and negotiates license agreements for access on behalf of developers and neighboring property owners/tenants, and has successfully litigated numerous RPAPL 881 proceedings. Brendan is known for applying his knowledge and pragmatism to achieve favorable results for his clients.

Justin’s litigation practice is diverse, representing entities and individuals (investors, partners, managers, and officers) in complex real estate ranging from commercial litigation matters involving partnership, joint venture, limited liability company and shareholder disputes, including direct and derivative claims. In the real estate litigation context, Justin represents developers, landlords and property owners in matters involving commercial and residential landlord-tenant disputes, guaranty enforcement, Yellowstone injunctions, breach of contract of sale, class action rent overcharge claim, partition, and condominium and co-op disputes. Justin also has significant experience in handling employment-related disputes, such as claims of workplace discrimination and harassment, wrongful termination, wage and hour violations, breach of restrictive covenants, and breach of employment agreements; and complicated tort cases arising from products liability, premises liability, general liability, and construction site defects, to difficult insurance coverage disputes.

For any questions related to this episode, contact Brendan J. Derr at [email protected] or (212) 551-1281. Justin S. Weitzman can be reached at [email protected] or (212) 551-1261.

Stream the full episode, now available on Apple Podcasts, Spotify and YouTube.