License Agreements & RPAPL 881 Access FAQs – Nassau County, NY
Construction projects in Nassau County often require temporary access to neighboring property for equipment placement, protective work, or scaffolding. If access cannot be obtained by agreement, New York law provides a legal mechanism through RPAPL § 881. At Kushnick Pallaci PLLC, we assist developers, property owners, and neighbors across Nassau County with drafting access license agreements and litigating 881 petitions in Supreme Court.
📍 Nassau County Construction Access FAQs
Q: What is a construction license agreement in Nassau County?
A: A license agreement is a negotiated, written contract between neighboring property owners allowing temporary access for construction-related activities. These typically include:
- Scaffold or sidewalk shed installation
- Crane swing or boom operation
- Protective netting or vibration monitoring
We help ensure Nassau-based license agreements include detailed access rights, timeframes, insurance, and compensation terms.
Q: What if my neighbor won’t let me access their property for construction?
A: If reasonable negotiation fails, you may petition the Supreme Court in Mineola under RPAPL § 881 for a court-ordered license. The court will evaluate the necessity of access and impose “just and reasonable” terms to protect the neighbor’s interests.
Q: How does an RPAPL 881 petition work in Nassau County?
A: The process involves:
- Filing a petition in Nassau County Supreme Court.
- Notifying the adjoining property owner.
- Requesting a court order granting access with terms (insurance, indemnity, duration, compensation).
Our firm regularly represents both petitioners and objectors in 881 proceedings in Nassau.
Q: Will I have to pay my neighbor to access their property?
A: Possibly. While courts often grant access when necessary, they may require payment of a license fee, especially if the access creates a burden. Courts in Nassau County often consider:
- Duration of access
- Intrusiveness of the work
- Loss of use or rental value
Q: What should a Nassau County license agreement include?
A: A well-drafted license agreement should contain:
- Scope and location of access
- Work hours and duration
- Insurance coverage
- Indemnification clauses
- Restoration obligations
- Dispute resolution mechanisms
We tailor license terms to local conditions and project needs.
Q: Can I oppose a neighbor’s RPAPL 881 request?
A: Yes. If access would interfere with your use, reduce your property value, or cause safety issues, you may oppose or seek to modify the petition. We regularly represent Nassau owners in defending against intrusive or overly broad 881 access demands.
🔗 Related Services:
- Construction Access License Agreements
- RPAPL 881 Petitions in Nassau County
- Construction Law Dispute Resolution
📞 Need Construction Access Help in Nassau County?
Whether you need court-ordered access or want to protect your property from a neighbor’s construction project, Kushnick Pallaci PLLC is your Nassau County access law firm.
Call (631) 752-7100 or visit www.nyconstructionlaw.com for experienced legal guidance.