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, scaffolding, temporary protections, and other construction needs. As experienced RPAPL 881 lawyers in NYC, we handle negotiated access agreements and contested court proceedings designed to keep projects moving and minimize delay.
An RPAPL lawyer helps clients act quickly when adjoining owners refuse access or negotiations stall. Early legal action can set timelines, reduce risk, and limit jobsite disruption—especially on time-sensitive NYC construction schedules.
Speak With an RPAPL Lawyer Before Construction Delays Escalate
Construction access disputes often arise suddenly and escalate quickly, placing projects, timelines, and financing at risk. Speaking with an experienced RPAPL lawyer early can help property owners and developers assess options, initiate access requests, and pursue court-ordered relief before delays become costly. Peraino Malinowski LLP advises clients at every stage of RPAPL disputes to protect their interests and maintain momentum on New York City construction projects.
When You Need an RPAPL 881 Lawyer in NYC
RPAPL §881 Access Disputes During NYC Construction
You may need an RPAPL §881 petition when construction requires temporary access to a neighboring property and the adjoining owner refuses, delays, or demands unreasonable terms. Common scenarios include excavation and support of excavation work, sidewalk shed/scaffold installation, façade protection, waterproofing, survey access, and other safety-related entry needed to complete work lawfully and efficiently in New York City.
Working With an RPAPL Lawyer in New York City
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.
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.
What We Handle in RPAPL §881 Proceedings
1.Drafting and negotiating neighbor access and license agreements
2.Preparing and filing RPAPL §881 petitions in New York courts
3.Coordinating access terms, site protections, and safety measures
4.Addressing insurance, indemnification, and risk allocation issues
5.Managing scheduling requirements and good-faith projections of access
6.Litigating contested proceedings when negotiations fail
Our attorneys have handled hundreds of RPAPL §881 proceedings across New York City and understand how to move these matters efficiently from notice through resolution.
RPAPL Lawyers Representing Property Owners in New York City
RPAPL proceedings in New York City arise in a range of property access and adjoining-owner disputes beyond RPAPL §881 petitions alone. An experienced RPAPL lawyer helps developers and property owners navigate statutory access rights, neighbor disagreements, and court-ordered licenses that affect active construction and development projects. Addressing RPAPL issues early allows parties to establish clear timelines, reduce legal risk, and avoid unnecessary disruption to New York City construction schedules.