License Agreements & RPAPL 881 Access FAQs – Long Island, NY
On Long Island, construction projects frequently require temporary access to neighboring properties—whether to install scaffolding, complete foundation work, or provide adjacent building protection. If a neighbor refuses access, New York’s RPAPL § 881 allows you to seek court intervention. At Kushnick Pallaci PLLC, we help clients across Nassau and Suffolk Counties draft enforceable license agreements and obtain (or oppose) court-ordered access when necessary.
📍 Long Island Construction Access FAQs
Q: What is a construction access license agreement?
A: A construction license agreement is a temporary legal arrangement between two property owners that allows one to use a portion of the other’s land for construction-related purposes. On Long Island, these agreements often involve:
- Side-yard scaffolding or sidewalk sheds
- Foundation protection for adjacent structures
- Equipment staging or debris netting
Our firm helps negotiate license agreements that protect your rights, mitigate liability, and comply with local requirements.
Q: What is RPAPL § 881 and how does it help Long Island developers?
A: RPAPL § 881 is a New York statute that allows a property owner to apply to Supreme Court for permission to access a neighbor’s land if access is reasonably necessary for construction and the neighbor refuses consent. The court may issue an order granting access with “just and reasonable” terms, including:
- Time limits
- Insurance
- Indemnification
- License fees
We file and defend these petitions regularly in both Nassau and Suffolk Supreme Courts.
Q: When should I consider filing an 881 petition?
A: You should consider filing if:
- The work cannot be completed without access to the neighbor’s land
- Safety protections (e.g., netting or sheds) encroach on adjacent property
- Attempts to negotiate an agreement have failed
Don’t wait until the project is delayed—RPAPL 881 can take weeks to resolve depending on court schedules in Mineola or Central Islip.
Q: Do Long Island courts usually require license fees?
A: It depends on the impact. If the access causes a loss of use, aesthetic disruption, or property value issues, the court may impose a monthly or lump-sum fee. We help our clients argue for fair—and often minimized—access terms and costs.
Q: What are common issues Long Island license agreements should address?
A: Effective license agreements in Long Island construction projects should address:
- Scope and boundaries of access
- Insurance requirements (e.g., general liability, umbrella)
- Indemnity for third-party claims
- Protection plans for structures, landscaping, and utilities
- Restoration or repair obligations
- Payment (if any) for access
We tailor each agreement to your site conditions and neighboring property concerns.
Q: Can a neighbor block or delay my Long Island construction project?
A: Only if you allow them to. If access is necessary and you’ve made good faith efforts to negotiate, the court can compel access through an RPAPL 881 order. Acting early helps you avoid costly project delays.
🔗 Related Services:
📞 Need Access for Your Long Island Construction Project?
Whether you need to access a neighbor’s property or oppose a construction intrusion, Kushnick Pallaci PLLC helps clients across Long Island resolve license disputes efficiently.
Call (631) 752-7100 or visit www.nyconstructionlaw.com to schedule a consultation.