License Agreements & RPAPL 881 Access FAQs – New York City (NYC)
In dense urban areas like New York City, construction often impacts neighboring buildings. Whether you’re installing scaffolding, protecting party walls, or staging equipment, access to adjacent property is frequently needed—and often contested. At Kushnick Pallaci PLLC, we help owners, developers, and neighbors throughout NYC negotiate license agreements and petition for or defend against RPAPL § 881 access in Supreme Court.
📍 NYC Construction Access FAQs
Q: What is a construction license agreement in NYC?
A: A license agreement is a private, written contract that allows a developer or contractor temporary access to a neighboring property during construction. Common NYC uses include:
- Installing scaffolding or netting over a sidewalk or building
- Providing lateral support during excavation
- Placing crane booms or equipment over adjacent airspace
We negotiate license terms that address liability, safety, and site-specific concerns for NYC buildings.
Q: What is RPAPL § 881 and how is it used in New York City?
A: RPAPL § 881 allows a property owner or developer to seek court-ordered access when a neighbor refuses permission and the access is necessary for construction. NYC Supreme Courts frequently hear these petitions, especially in Manhattan, Brooklyn, and Queens, where lot-line construction is common.
The court will impose “just and reasonable” terms, such as:
- Duration of access
- Insurance and indemnification
- Payment of license fees
Q: How do I file an RPAPL 881 petition in NYC?
A: You file the petition in the Supreme Court of the borough where the property is located. Steps include:
- Preparing a verified petition and affidavit
- Attaching construction drawings and access descriptions
- Serving notice on the adjacent property owner
- Attending a court hearing where terms may be negotiated or litigated
We regularly file and defend RPAPL 881 petitions in all five boroughs.
Q: Will the NYC court require me to pay a license fee?
A: Possibly. NYC courts often impose monthly license fees, especially in Manhattan and Brooklyn, where property values and potential disruptions are significant. The fee may reflect:
- Loss of use
- Increased risk
- Aesthetic or business disruption
We help argue for reasonable—or minimal—fees based on case law and site conditions.
Q: What happens if I ignore the need for a license or RPAPL 881 access?
A: Proceeding without proper access can expose you to:
- Injunctions stopping your construction
- Trespass claims
- Fines or damages
- Project delays and increased insurance costs
Obtaining a license agreement or court-ordered access early can prevent major setbacks.
Q: Can I oppose my neighbor’s RPAPL 881 petition?
A: Yes. As the adjacent property owner, you can:
- Challenge the necessity of access
- Propose alternative access routes
- Demand fair compensation
- Request protective measures
We represent both petitioners and objectors in RPAPL 881 proceedings across NYC.
🔗 Related Services:
- NYC Construction License Agreements
- RPAPL 881 Petitions and Defense
- Construction Dispute Representation
📞 Construction Access Issues in NYC? We Can Help.
Whether you’re starting a construction project or protecting your building from encroachment, Kushnick Pallaci PLLC is your go-to firm for license and access disputes throughout New York City.
Call (631) 752-7100 or visit www.nyconstructionlaw.com to schedule a consultation.