RPAPL §881 Attorney NYC

When You Need an RPAPL 881 Lawyer in New York City

Construction access disputes in New York City often arise suddenly and escalate quickly — placing projects, timelines, and financing at risk. You may need an RPAPL §881 attorney when construction requires temporary access to a neighboring property and the adjoining owner refuses, delays, or demands unreasonable terms.

Common scenarios that trigger an RPAPL 881 proceeding include excavation and support of excavation work, sidewalk shed and scaffold installation, façade protection and waterproofing, underpinning and foundation work, survey access, and other safety-related entry necessary to complete construction lawfully in New York City.

Speaking with an experienced RPAPL lawyer early — ideally before serving the first certified-mail access request — allows you to control timelines, reduce risk, and move the project forward before delays become costly. The 2025 amended statute rewards early action, and Peraino Malinowski LLP is positioned to act quickly on your behalf.

What We Handle

What Peraino Malinowski LLP Handles 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
5. Managing scheduling and good-faith projections of access dates
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 — protecting your schedule and your investment.

Pursuing Access — Developer Representation

When an adjoining owner refuses or delays granting construction access, time is money. Our RPAPL §881 attorneys representing developers begin by serving the required certified-mail access request, then pursue negotiated agreements where possible and file petitions in New York Supreme Court when necessary. We understand what courts require in these proceedings and how to structure access terms that will withstand judicial scrutiny.

Negotiated License Agreements

A negotiated RPAPL §881 license agreement is almost always faster and less costly than court proceedings. Our attorneys negotiate all material terms — scope of access, duration, site protection requirements, pre-construction surveys, insurance obligations, indemnification language, and scheduling milestones — reaching agreements that protect all parties and keep New York City construction projects on track.

Excavation, SOE & Underpinning Access

Excavation and support of excavation (SOE) work is among the most common triggers for RPAPL §881 proceedings in New York City. Our attorneys handle access for all phases of below-grade construction — including tiebacks, lagging, soldier piles, underpinning, and permanent foundation support systems now authorized under the 2025 amendment. We coordinate with structural engineers and contractors to ensure access terms are technically sound and legally enforceable.

Protecting Adjoining Owners

Adjoining property owners facing construction access demands have important rights — and Peraino Malinowski LLP protects them. We review access demands, negotiate appropriate conditions, ensure adequate site protections and pre-construction surveys are required, and litigate against overreaching access requests. When access is granted, we ensure insurance and indemnification requirements fully protect your property, tenants, and investment throughout the construction period.

Contested RPAPL §881 Litigation

When RPAPL §881 negotiations break down, our litigators are ready. Contested RPAPL 881 proceedings in New York Supreme Court require precise legal strategy — from the petition and supporting papers through hearings on the scope of access, conditions, and compensation. Our attorneys understand what courts expect in these proceedings in New York County, Kings County, Queens County, Bronx County, and Richmond County.

Sidewalk Sheds, Scaffolding & Façade Access

Many New York City construction projects require sidewalk shed installation, scaffolding, and façade protection that encroach on neighboring property. Our RPAPL §881 attorneys handle access for these common but frequently contested construction needs — moving quickly to obtain agreements or court orders that allow safety installations to proceed without delay, protecting both the project timeline and neighboring properties.