The right to access another’s property codified in RPAPL §881, once described, as recently as 2002, as a “little-used law” (as quoted in Rosma Development, LLC v. South, 5 Misc.3d 1014(A), 798 NYS2d 713 (Sup. Ct., King. Co., 2004) (Schmidt, J.), is now used for lawsuits that arise on a frequent basis, amidst the constantly evolving New York City building scene, when a property owner or developer requires access to an adjoining property to facilitate completion of either a new or renovation construction project.

RPAPL §881 is one of New York’s most important real estate laws as it facilitates building by allowing one property owner access onto another’s property—allowing buildings to rise in small spaces by entering their neighbor’s property.

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