RPAPL §881 Proceedings & Construction Access Disputes in New York City
Peraino Malinowski LLP represents developers, property owners, and construction professionals in RPAPL §881 proceedings in New York City, securing court-ordered access to adjoining properties for excavation, underpinning, scaffolding, and support of excavation. As experienced RPAPL 881 lawyers in NYC, we handle both negotiated access agreements and contested court proceedings to keep projects moving and minimize delay.
An experienced RPAPL lawyer helps developers and property owners secure court-ordered access when negotiations with adjoining owners fail. In New York City, RPAPL §881 proceedings often arise during excavation, underpinning, or support of excavation work. Acting early with counsel allows parties to control timelines, manage risk, and minimize project disruption.
Working With an RPAPL Lawyer in New York City
Access to Neighboring Premises
Securing access to neighboring premises is a critical aspect of construction projects. Peraino Malinowski LLP specializes in RPAPL 881/Neighbor Agreements, providing comprehensive legal support to facilitate smooth collaboration between property owners. Our team understands the nuances of negotiation and, when needed, has the experience to navigate legal proceedings to ensure your construction projects proceed without unnecessary delays.
Negotiation Expertise
Amicable negotiation is often the preferred route in obtaining access to neighboring premises. Our seasoned negotiators work diligently to foster positive communication and collaboration between parties. We approach negotiations with a focus on achieving mutually beneficial agreements, minimizing conflicts, and ensuring the success of your construction endeavors.
Legal Proceedings
When negotiations reach an impasse or the circumstances demand legal action, Peraino Malinowski LLP stands ready to represent your interests in court. Our experienced litigators bring a wealth of knowledge in RPAPL 881 matters, providing robust legal advocacy to protect your rights and secure the access needed for your construction projects.
Approach to RPAPL 881/Neighbor Agreements
Our approach to RPAPL 881/Neighbor Agreements is rooted in efficiency and effectiveness. We understand that each situation is unique, and our team tailors our strategies to align with your specific needs. Whether through negotiation or legal proceedings, our goal is to secure access to neighboring premises in a manner that is swift, fair, and in compliance with legal requirements.
Achieve the Best and Most Efficient Result
Peraino Malinowski LLP is dedicated to helping you achieve the best and most efficient result in RPAPL 881/Neighbor Agreements. We leverage our extensive experience to guide you through the complexities of the process, ensuring that your construction projects move forward without unnecessary impediments.
What Is an RPAPL 881 Petition in New York City?
An RPAPL 881 petition is a legal proceeding that allows a developer or property owner to obtain temporary access to a neighboring property when that access is necessary for construction, repairs, or safety measures. When a neighbor refuses or fails to grant access, the developer may petition the court for a license under RPAPL §881. Peraino Malinowski LLP handles all aspects of these petitions, including notice requirements, negotiations, engineering coordination, and litigation.
How Did the 2025 Amendment Change RPAPL §881?
The 2025 amendment significantly expanded developers’ rights, including the ability to seek court-authorized underpinning and permanent structural support. It also clarified that failing to respond to certified-mail access requests within 60 days constitutes refusal, allowing developers to initiate an RPAPL 881 proceeding sooner. The amendments further require adjoining owners to disclose tenants and accept “good faith projections” of access dates. Our firm closely monitored these legislative changes and advises clients on how to leverage the updated statute effectively.
When Should a Developer Contact a Lawyer for an RPAPL 881 Access Issue?
A developer should contact an RPAPL 881 attorney at the earliest stage of planning, ideally before serving the first certified-mail access request. The amended statute rewards early action, and delays can jeopardize construction schedules. Peraino Malinowski LLP assists clients from the initial notice stage, through negotiation, and — if necessary — litigation in Supreme Court to secure a construction access license efficiently.
Can a Court Order Underpinning or Structural Support Under RPAPL 881?
Yes. Under the updated 2025 RPAPL §881 statute, courts may now authorize underpinning and other foundation-related support systems when necessary for construction. This change marks a major shift from prior case law, which generally prohibited permanent support solutions in court-ordered licenses. Our attorneys have extensive experience securing access for excavation, SOE systems, and structural support, ensuring compliance with safety, engineering, and legal standards.