License Agreements & RPAPL 881 Access FAQs – Manhattan, NY
Construction in Manhattan rarely occurs without impacting neighboring buildings. Whether you’re installing scaffolding, underpinning, or protection systems, you’ll likely need access to adjacent property. When neighbors refuse, RPAPL § 881 provides a legal path to obtain access. At Kushnick Pallaci PLLC, we help developers, building owners, and adjacent property holders in Manhattan negotiate license agreements and litigate RPAPL 881 petitions in Supreme Court.
📍 Manhattan Construction Access FAQs
Q: Why are license agreements so important in Manhattan construction?
A: Manhattan properties are built lot-line to lot-line, making access to neighboring properties nearly unavoidable. A license agreement is a written document granting temporary access for construction-related needs like:
- Sidewalk sheds and scaffolds
- Roof protections
- Excavation and lateral support
- Crane swing or staging areas
We draft Manhattan-specific license agreements that account for unique urban risks, logistics, and court expectations.
Q: What is RPAPL § 881 and how does it apply to Manhattan projects?
A: RPAPL § 881 allows a property owner to petition the Supreme Court of New York County for a court-ordered license when a neighbor refuses access that is reasonably necessary for construction. Courts in Manhattan regularly grant these petitions—especially for larger renovations, condo developments, or commercial retrofits.
Q: Will I have to pay a license fee to my neighbor in Manhattan?
A: Most likely. Manhattan courts routinely require monthly license fees, especially when:
- The access restricts the neighbor’s use
- The property is income-generating (e.g., rental or commercial)
- The construction is lengthy or intrusive
We help you negotiate or litigate fair compensation based on project impact.
Q: How do I file an RPAPL 881 petition in Manhattan?
A: The process includes:
- Filing a verified petition in New York County Supreme Court (60 Centre Street)
- Providing architectural drawings and a scope of access
- Demonstrating necessity and prior attempts to negotiate
- Requesting specific terms for insurance, indemnification, duration, and compensation
Our firm frequently handles these filings and appearances in Manhattan courts.
Q: What are typical terms in a Manhattan license agreement?
A: A solid Manhattan construction access license should include:
- Defined scope and duration of access
- Access logistics (e.g., hours, workdays, limits)
- Liability allocation and indemnification
- General liability and excess insurance requirements
- Restoration obligations
- License fees and payment schedule
These terms are especially critical in high-value neighborhoods like Tribeca, the Upper East Side, and Midtown.
Q: Can I stop my neighbor from accessing my property for construction?
A: You can oppose their RPAPL 881 petition, particularly if:
- The access is not essential
- Alternatives exist
- The intrusion will materially disrupt your use
We represent both petitioners and adjacent owners in Manhattan access disputes.
🔗 Related Services:
- Manhattan Construction License Agreements
- RPAPL 881 Petitions in Manhattan Supreme Court
- Real Property Dispute Representation
📞 Need Construction Access Help in Manhattan?
From condo renovations to commercial towers, Kushnick Pallaci PLLC has the experience to handle your access issues in New York County Supreme Court—whether you’re seeking access or trying to protect your building.
Call (631) 752-7100 or visit www.nyconstructionlaw.com to schedule a consultation.