With the latest boom in construction and development in New York City, where buildings are frequently built right up to the adjacent property line, building owners and developers often need access to neighboring property to perform improvements or repairs to their own property. Where such access cannot be agreed upon amicably, Section 881 of New York’s Real Property Actions and Proceedings Law (RPAPL) governs efforts to compel access to adjoining property to perform work on one’s own property, and provides an opportunity for a building owner or developer to obtain a court-ordered license for that purpose.
Specifically, RPAPL §881 states in pertinent part:
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