Adjoining Landowner Access Agreements

NYC Buildings

by Bonnie R. Berkow

With the boom of new development and increase in property safety regulations in the City of New York, there has been a surge in applications by a property owner or developer for access to neighboring property to perform improvements and repairs to their own property, as well as a need for access agreements to erect statutorily mandated sidewalk sheds and other protections. Traditionally, adjoining property owners or lessees may agree to allow access to their property for a limited period of time until the necessary improvements or repairs are made.  Our attorneys have successfully negotiated access agreements that provide adequate protection and licensing fees to the property owner where access is being requested by the adjoining owner.

If permission is not given, the property owner may seek a license through court order, called an 881 Application. The Courts will generally apply a reasonableness standard in balancing the potential hardship to the applicant if the petition is not granted against the inconvenience to the adjoining owner if it is granted.  Our attorneys understand the factors that go into a winning argument.  We can also explain how a court may be likely to rule in order to effectively negotiate a resolution of the dispute.NYC Buildings

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