License & Access Agreements

LicenseWhen constructing or renovating a building in New York City, where the adjoining property is in such close proximity, it is often necessary and even required by the NYC Building Code, to enter upon the neighboring property to perform certain work, such as conducting a preconstruction survey of the existing conditions of the neighboring property, installing vibration monitoring equipment before performing excavation, underpinning, sheeting and shoring work, erecting protective equipment such as scaffolding, netting and sidewalk bridges, and making repairs to any damage caused to the adjoining property that results from the construction.

However, the unauthorized entry onto a neighboring property, to perform such work, would be an unlawful trespass, even if only undertaken to satisfy the safety requirements under the law.

Before entering onto the neighboring property, the owner, developer or builder must first obtain a temporary license to access the property either from the adjoining property owner or from a court pursuant to section 881 of the Real Property Actions and Proceedings Law ("RPAPL").

Attorney Ronald Francis, with more than 28 years of experience in Construction Law, represents property owners in negotiating and drafting license and access agreements. He has a keen understanding of the conflicting interests of each property owner such as the right of the developing owner to construct a new building or renovate an existing one, and the right of the adjoining property owner to the quiet enjoyment without interference or damage to its property.

The Law Offices of Ronald Francis can negotiate, draft, review and modify a License and access agreement so that the property owner’s interests are legally protected.

The issues addressed include:

  • Term, period or duration of the License
  • Scope of the License and the parameters and schedule of the work
  • Limitations on the License and access
  • Protective measures for the neighboring property
  • Insurance and indemnification of the parties
  • Bonds and escrow deposits
  • License fees, including attorney’s and engineering fees

In the event that a License and access agreement cannot be mutually agreed upon, attorney Ronald Francis can, on an expedited basis, seek a judicially issued license for temporary access to an adjoining property pursuant to Section 881 of New York’s RPAPL.

The Law Offices of Ronald Francis also represents property owners who need to immediately stop the neighboring property owner who has not obtained a license or has not taken all of the necessary and required protective measures, from performing or continuing construction work either on its property or any work that may adversely affect its property.

For experienced representation with License and Access Agreements issues in New York City and Nassau County, contact The Law Offices of Ronald Francis, to schedule a free initial consultation.