As of December 5, 2025, New York amended Real Property Actions and Proceedings Law Section 881 (“RPAPL 881”), the statute that enables courts to grant temporary licenses to adjoining properties for access during construction. Often, work on one property cannot be performed without access to a neighboring property. In addition, building codes require those doing work on their own property to place protections on adjoining properties, under certain conditions. RPAPL 881 allows those performing work on their property to obtain a court order granting a license to enter adjoining properties, where such access is necessary but has been refused. As property values have soared, RPAPL 881 litigation has increased. The amendment to RPAPL 881 appears to be an effort to provide more clarity to courts and litigants concerning adjoining access licenses.
Posts tagged Real Property Actions and Proceedings Law Section 881 (“RPAPL 881”).