License Agreements & RPAPL 881 Access FAQs – The Bronx, NY
Construction projects in The Bronx frequently require access to adjacent properties for safety, compliance, and logistics—especially in tightly built residential and commercial areas. Whether you’re installing scaffolding, underpinning foundations, or using protective netting, access may require a license agreement or a court-ordered license under RPAPL § 881. Kushnick Pallaci PLLC represents developers, property owners, and neighbors in Bronx County navigating these critical construction access issues.
📍 The Bronx Construction Access FAQs
Q: What is a license agreement in the context of construction in The Bronx?
A: A license agreement is a temporary access arrangement that allows one property owner to enter or use a portion of a neighboring property to complete construction. Common uses include:
- Scaffolding and sidewalk sheds
- Roof protections
- Excavation and underpinning
- Crane boom swing or staging
We help clients in The Bronx draft strong license agreements that define scope, insurance obligations, and neighbor protections.
Q: What if my neighbor refuses to grant access for construction?
A: If you’ve attempted to negotiate and been denied, you can file a petition under RPAPL § 881 in Bronx County Supreme Court. The court can grant access if it is reasonably necessary and impose “just and reasonable” conditions on that access.
We handle both petitions and defenses in 881 proceedings at 851 Grand Concourse.
Q: Will I have to compensate my neighbor for access under RPAPL 881?
A: Often, yes. Courts in The Bronx may impose:
- Monthly license fees
- One-time lump sum payments
- Other conditions such as insurance, indemnification, or restoration
The amount will depend on how burdensome the access is. We help minimize or justify license fees depending on which side we represent.
Q: What kind of work triggers the need for access in The Bronx?
A: Typical scenarios include:
- Installing scaffolds on an adjacent lot
- Applying overhead netting
- Entering a neighbor’s property to protect exposed foundations
- Using a shared driveway for staging equipment
Because many Bronx buildings are built on narrow lots, access is often essential.
Q: What should a Bronx license agreement include?
A: A thorough access agreement should include:
- Defined scope and duration of access
- Daily work schedules and limitations
- Liability and insurance clauses (including general and umbrella coverage)
- Damage repair and property restoration terms
- License fee or compensation provisions
We tailor agreements to meet NYC safety codes and site-specific logistics.
Q: Can I oppose a neighbor’s 881 petition in Bronx Supreme Court?
A: Yes. If the requested access is unreasonable, unnecessary, or poses safety or business disruption concerns, you may:
- Object to the petition
- Request narrowed access terms
- Demand protective measures or compensation
We regularly represent Bronx property owners seeking to limit or control the impact of nearby construction.
🔗 Related Services:
- Bronx License Agreement Legal Services
- RPAPL 881 Petitions in Bronx County
- Construction Neighbor Dispute Representation
📞 Need Help With Construction Access in The Bronx?
Whether you’re trying to move your project forward or protect your property from construction intrusion, Kushnick Pallaci PLLC can guide you through license negotiations and RPAPL 881 petitions in The Bronx.
Call (631) 752-7100 or visit www.nyconstructionlaw.com to schedule a consultation today.