Realty Law Digest
Scott Mollen, a partner at Herrick Feinstein, discusses "RLM TH LLC v. 162 E. 70th St. Trust," "Benny's Famous Pizza Plus Inc. v. Security Natl. Ins. Co., and "Zollo v. Adirondack Lodges Homeowners."
July 13, 2021 at 02:00 PM
16 minute read
Scott Mollen
Development—Court Grants Petitioner License to Temporarily Enter Adjacent Property To Facilitate Construction of Petitioner's Construction Project Pursuant to Real Property Actions and Proceedings Law §881, Subject to Terms and Conditions
The court granted the petitioner's property owner a license, pursuant to Real Property Actions and Proceedings Law (RPAPL) §881, "to enter upon a portion of the land of respondent (adjacent property owner), subject to several terms and conditions."
The respondent was ordered to grant the petitioner, a limited non-exclusive license for access to the adjacent property by the petitioner and its construction team.
The terms and conditions of the license addressed, inter alia, a pre-construction survey, temporary protections, water-proofing work, monitoring equipment, the petitioner's sole responsibilities at the petitioner sole cost and expense, for repairs to respondent's property, a license fee of $2,500 per month, and a pro-rata per day for each partial month while any part of the "temporary protections" remained installed upon the respondent's property or cantilevered over the property line. Subject to unavoidable delays, including delays related to weather, additional work required by regulatory and governmental inspections, labor shortages or strikes, governmental orders and all matters outside the control of the petitioner, the term for the license was limited to 24 months, "time being of the essence."
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