Performing construction in New York City can often involve working in tight quarters. As a result, it is often necessary to enter your neighbor’s property in order to perform the work and, perhaps more importantly, to erect protection for their property. While a seemingly simple task, entering somebody else’s property to perform work actually involves a number of legal issues. These issues are often, and most properly, dealt with through a license agreement. License agreements provide a framework for understanding and defining the parties rights and obligations should a dispute or claim arise, such as a claim for damaged property.
A license agreement to access adjacent property should resolve issues such as: 1) how long the entry is permitted; 2) what is permitted on the adjacent property; 3) what fee, if any, will be paid for the entry onto the adjacent property; 4) requirements for monitoring safety and proper performance of the work; and 5) insurance obligations. License agreements can very from a few pages to large voluminous documents depending on the nature of the work being performed and the extent of the license required.
If you are considering performing construction work and need access to your neighbor’s property, or if your neighbor is performing work and wants to enter your property, it is a good idea to sit down with an attorney and prepare a license agreement as soon as possible. You can contact the attorneys at Kushnick Pallaci PLLC here to schedule an appointment to review your situation.