License Agreements & RPAPL 881 Access FAQs – Suffolk County, NY
Construction often requires access to neighboring property for safety and code compliance. Whether you’re performing excavation, installing scaffolding, or protecting adjacent buildings, New York law requires proper access arrangements. In Suffolk County, Kushnick Pallaci PLLC helps property owners, developers, and neighbors navigate license agreements and RPAPL 881 court proceedings to secure or limit construction access.
📍 Suffolk County Access License FAQs
Q: What is a license agreement in the context of construction?
A: A license agreement is a formal, written agreement that grants a contractor or property owner temporary access to a neighboring property to perform construction-related work. This is often required for:
- Scaffolding or sidewalk sheds
- Protection of adjacent structures
- Equipment staging or crane swing
We draft and negotiate license agreements tailored to Suffolk County properties, ensuring liability and insurance concerns are addressed.
Q: What if my neighbor refuses to allow access for construction?
A: If you’ve made reasonable attempts to negotiate and your neighbor still refuses, you can petition the Supreme Court of Suffolk County under RPAPL § 881 to request a court-ordered license for temporary access.
Q: What is RPAPL § 881 and how does it work in Suffolk County?
A: RPAPL 881 is a New York law that allows a property owner to apply for a court-ordered license when access to an adjoining property is necessary for construction and the neighbor won’t consent. The court can grant the license on just and reasonable terms, including insurance, indemnity, and license fees.
We regularly handle these petitions in Riverhead and Central Islip.
Q: Can a Suffolk County court require me to pay my neighbor for access?
A: Yes. The court may require the party seeking access to pay a license fee or use and occupancy compensation to the neighbor. The amount is determined based on the burden imposed and local circumstances.
Q: What terms should be in a construction license agreement?
A: A proper Suffolk County license agreement should include:
- Scope of access
- Work schedule
- Insurance and indemnification
- Protection plans
- Restoration obligations
- Compensation (if any)
We help clients negotiate enforceable access agreements that minimize future disputes.
Q: What court hears RPAPL 881 petitions in Suffolk County?
A: These petitions are heard in the Supreme Court of Suffolk County, typically in Central Islip or Riverhead depending on location. We have experience securing and opposing RPAPL 881 orders in these courts.
🔗 Related Services:
- Construction License Agreement Drafting
- RPAPL 881 Petition Representation
- Neighbor Dispute Resolution
📞 Need Help With Construction Access in Suffolk County?
If you need access to a neighbor’s property—or want to protect your own from construction intrusion—Kushnick Pallaci PLLC is here to help. We handle license negotiations and court proceedings throughout Suffolk.
Call (631) 752-7100 or visit www.nyconstructionlaw.com to speak with an experienced construction