Access to Your Neighboring Property For Purposes of Repairs or Improvements
Are you a property owner frustrated by a neighbor refusing access for necessary work? Do not let an access dispute stop your renovation project or needed repairs.
Statutory authority is mandatory that a temporary “license shall be granted in appropriate case(s)” to enter upon adjacent premises for a landowner desirous of making improvements or repairs to its property when permission to enter has been refused. The Real Property and Procedures Law (RPAPL) provides a landlord expedited access to the Court system through a special proceeding. Usually the landowner seeking access “shall be liable to the adjoining owner” or his tenant for “actual damages” due to the entry and even in most cases a license fee for the occupation during the license period.
In a recent proceeding, we were able to facilitate an “881 license,” brought without a license fee required to be paid, despite the neighboring owner demanding such a fee. The key was that the neighbor was unable to demonstrate actual loss of use or enjoyment with the protections placed on its property as required by law and access necessary. As such, there was no justification for imposing a license fee unlike cases where there is actual interference with occupied properties, ie. loss of terrace usage. However, if you happen to be the neighboring property owner, do not despair. Courts have authorized remedies for the neighbor in defense, willing to initially grant a license, yet bullied by the threat of an 881 license as leverage due to disagreements during negotiations. Attorneys’ fees have been sanctioned depending upon the circumstances as well as engineering fees to review plans. Equity requires that the owner compelled to grant the access should not have to bear any costs resulting from the access.
Contact us today to learn procedures that are available to resolve access issues and guide you through proper legal channels.
— Jamie & Jacqui
