Adjacent Property Access & RPAPL § 881

Rosenberg & Estis, P.C.

Construction in New York City often requires temporary access to adjoining properties, making license agreements a critical component of project planning and risk management.

Rosenberg & Estis has an industry-leading team handling all aspects of adjacent property access, representing developers, landlords, condominiums, cooperatives, and property owners. The firm is known for efficiently negotiating agreements while also litigating RPAPL § 881 proceedings when necessary.

Our Services

  • Negotiation of license agreements for temporary protections (scaffolding, roof protection, monitoring equipment)
  • Drafting agreements compliant with NYC Building Code
  • Risk mitigation and strategic advisory for both developers and adjoining owners

Areas of Focus

 

For Developers / Project Owners:

  • Fast access solutions
  • Reduced construction delays
  • Enforceable protection protocols
  • Cost-effective licensing
  • DOB and Building Code compliance

For Adjacent Owners:

  • Limiting intrusive access
  • Protecting structural conditions
  • Maximizing license fees
  • Strong indemnification and insurance protections
  • Minimizing construction risk

Notable Work

 

Developers / Project Owners

  • Secured access for FISP work across multiple buildings and neighbors
  • Represented condo boards and developers in multi-property access negotiations
  • Obtained RPAPL § 881 court orders enabling major renovation and conversion projects

Adjacent Property Owners

  • Represented homeowners and building owners in access disputes
  • Obtained TRO halting construction due to damage to landmarked building
  • Achieved favorable settlements against major corporations for construction-related damage

Frequently Asked Questions

What is RPAPL § 881?

A New York statute allowing property owners to obtain court-ordered temporary access to neighboring property for construction or repairs.

Do FISP repairs require neighbor access?

Often yes, particularly for facade inspections and protections.

Can a neighbor refuse access?

Yes, but courts may grant access under RPAPL § 881.

Who pays for protections and risks?

Typically, the party requesting access.

Are licenses needed from individual condo unit owners?

It depends on governing documents and scope of access (e.g., terraces).

Rosenberg & Estis’s Adjacent Access Group is widely trusted for sophisticated, strategic guidance in one of NYC’s most specialized areas of real estate and construction law.