The right to access another’s property codified in RPAPL §881, once described, as recently as 2002, as a “little-used law” (as quoted in Rosma Development, LLC v. South, 5 Misc.3d 1014(A), 798 NYS2d 713 (Sup. Ct., King. Co., 2004) (Schmidt, J.), is now used for lawsuits that arise on a frequent basis, amidst the constantly evolving Full Article…
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Adam Leitman Bailey Files Lawsuit, Settles Emergency Case Providing Fortune 10 Company with Access to Repair Building While Accessing Neighbor’s Property
A call came in that a building in Brooklyn had pieces falling off of it and was in danger of harming persons using a parking facility below next door. In order to repair the building, protective equipment was needed to secure the building and the parking spaces next door. The neighbor had a price they Full Article…
Development—Court Grants Petitioner License to Temporarily Enter Adjacent Property To Facilitate Construction of Petitioner’s Construction Project Pursuant to Real Property Actions and Proceedings Law §881, Subject to Terms and Conditions
The court granted the petitioner’s property owner a license, pursuant to Real Property Actions and Proceedings Law (RPAPL) §881, “to enter upon a portion of the land of respondent (adjacent property owner), subject to several terms and conditions.” The respondent was ordered to grant the petitioner, a limited non-exclusive license for access to the adjacent Full Article…
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