License Agreements & RPAPL 881 Access FAQs – Brooklyn, NY
Brooklyn’s fast-paced construction boom—ranging from brownstone renovations to high-rise development—often requires builders to access neighboring properties. Whether for scaffolding, protective netting, or excavation work, a written license or a court order under RPAPL § 881 may be necessary. At Kushnick Pallaci PLLC, we help Brooklyn contractors, developers, and property owners handle access license negotiations and RPAPL 881 petitions throughout Kings County.
📍 Brooklyn Construction Access FAQs
Q: What is a construction license agreement in Brooklyn?
A: A license agreement is a legal document that grants temporary access to a neighboring property to perform construction-related work. In Brooklyn, these agreements are common in:
- Row house and brownstone renovations
- Multi-family building upgrades
- Mixed-use development
We help parties define scope, responsibility, and compensation in Brooklyn-specific license agreements.
Q: What is RPAPL § 881 and how does it apply in Brooklyn?
A: RPAPL § 881 allows a property owner to request a court-ordered license when a neighbor unreasonably withholds access that is reasonably necessary for construction. These petitions are filed in Kings County Supreme Court, and the court will decide what terms are “just and reasonable.”
Q: What kind of construction work requires access to a neighbor’s property?
A: Common reasons include:
- Installing sidewalk sheds and scaffolds
- Applying netting or overhead protection
- Excavation and shoring
- Foundation underpinning
In Brooklyn, where properties are tightly packed, access is often unavoidable—making early negotiations or petitions essential.
Q: Will I have to pay a license fee in a Brooklyn RPAPL 881 proceeding?
A: Often, yes. Courts may require a monthly fee or lump sum based on:
- The impact on the neighbor’s use of their property
- Noise, safety, or privacy concerns
- Loss of rental income or business use
We help our clients justify or contest these fees based on project scope and property type.
Q: What should a Brooklyn license agreement include?
A: Key elements typically include:
- Description and limits of access
- Duration and timing of work
- Liability allocation and indemnification
- Insurance requirements (including umbrella policies)
- Restoration or repair obligations
- License fee terms, if applicable
We structure agreements to minimize future disputes while protecting your rights.
Q: Can I stop a neighbor from accessing my property for their construction project?
A: You can oppose their RPAPL 881 petition in court—especially if:
- The work is not essential or can be done without your property
- The impact is too great
- They haven’t offered fair terms
We represent Brooklyn owners seeking to resist or modify access requests.
🔗 Related Services:
- Brooklyn License Agreements for Construction
- RPAPL 881 Petitions & Defense in Kings County
- Construction Neighbor Dispute Resolution
📞 Need Help With a Brooklyn Access Dispute?
Whether you’re trying to access an adjacent lot or protect your building from a neighbor’s construction, Kushnick Pallaci PLLC offers practical, court-tested solutions for Brooklyn property owners and developers.
Call (631) 752-7100 or visit www.nyconstructionlaw.com to schedule a consultation.