Construction on real property can be complicated and expensive, but nowhere is this more accurate than in New York City.  Extensive building regulations only contribute to the multitude of complications and costs.  For instance, property owners are required to install temporary protections (e.g. roof protection, sidewalk sheds, scaffolding, etc.) on neighboring parcels when developing or even repairing their own property.  As a result, it is essential for property owners seeking access from a neighbor to take into account four main considerations when deciding whether it would be best to enter into an amicable license agreement or aggressively litigate.

Reasonable Access is Essentially Guaranteed

Property owners and neighbors alike should be mindful that the former will likely obtain access to the latter’s parcel when the requested access is reasonable and necessary to make repairs to, or develop, their own parcel in compliance with the New York City Building Code.

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