Skip To Content

License Agreements and Real Property Actions and Proceedings Law (“RPAPL) § 881 Actions

Adam Leitman Bailey, P.C. has extensive experience representing developers, residential and commercial building owners, and the surrounding adjacent landowners in the negotiation of license agreements to install safety protections, and obtain other forms of required access, during the demolition, the support of excavation and foundation, and the construction phases of a project.

Adam Leitman Bailey, P.C. understands that the preparation and the planning of any development project, whether small or massive, has numerous complexities, including navigating the challenges of neighboring building owners and the community, while, at the same time, designing and filing plans with the New York City Department of Buildings, the New York City Landmarks Commission, and the New York City Department of Transportation, and meeting the financial and project timing demands and objectives of investors and lenders.

Given these project complexities, it is imperative for developers and landowners to know, as quickly as possible, where they stand with regard to their ability to obtain licensed access from their adjacent neighbors to install the necessary safety protections that are required under the New York Building Code to avoid delays.

Taking a hands-on approach to license agreements, Adam Leitman Bailey, P.C. works quickly to mitigate these risks of uncertainty.  Stepping away from the computer and desk, Adam Leitman Bailey, P.C. goes directly into the field with the developer, and its technical professionals, including the developer’s architects, structural engineers, geotechnical engineers, and acousticians, to gather information regarding the specific protections required under the New York Building Code for each of the neighboring properties, and the community.

Adam Leitman Bailey, P.C. also understands that reaching a license agreement with a developer/building owner to install proper safety protections of a building, however, is only half of the battle.  Once the negotiations of the license agreement are completed, and the agreement is executed, it is also imperative that adjacent owners monitor the developer’s/building owner’s demolition, support of excavation and foundation, and construction activities in order to ensure that the developer, and its contractors and sub-contractors, comply with the terms and conditions of these complex access agreements.  Such compliance monitoring helps mitigate the risk that the developer steps outside of the four corners of the access agreement.

These field visits arm the firm’s attorneys with the critical knowledge necessary to draft license agreements that provide safety protections to adjacent owners, as required under the New York Building Code, while simultaneously addressing the unique aspects of the neighboring buildings that must be considered under the license agreement for access.

This strategy not only fosters positive working relationships with adjacent neighbors, it also helps mitigate the risk of unwarranted negligence and breach of contract claims, as well as the risk of potential interference by adjacent building owners, who may otherwise attempt to obstruct the developer’s construction project.

Adam Leitman Bailey, P.C. also sits down with building owners to understand their primary concerns regarding the proposed construction, and to explain the potential impact and risks to their buildings as a result of the developer’s project.

Using this hands-on approach with building owners, Adam Leitman Bailey, P.C. negotiates robust license agreements with developers/building owners and adjacent landowners to mitigate the risks, including life and safety and property damage, to the neighboring buildings.

However, not all developers are cooperative and act in good faith regarding such negotiations for safety protections with adjacent building owners. Adam Leitman Bailey, P.C. also has extensive experience in halting a developer’s project when the developer/building owner wants to act like a cowboy, and trample over the rights of, and/or cut corners in terms of safety protections for, its neighbors.

In the event that such negotiations with neighbors turn contentious, or where a neighboring building owner becomes obstructive or otherwise overreaches in the obligations and protections it seeks from the developer under the license agreement for access, Adam Leitman Bailey, P.C. has extensive experience in expediting the commencement of a special proceeding under Real Property Actions and Proceedings Law (“RPAPL”) § 881 to mandate that the courts grant the necessary and required access to the developer so that the developer can expeditiously proceed with its construction.

Adam Leitman Bailey, P.C. has achieved unprecedented results for developers, residential and commercial building owners as well as their adjacent building owners in negotiating license agreements for access. These successes include:

  • Photo of New York City construction site
    Adam Leitman Bailey, P.C. Obtains Landmark Decision Denying Developer of a License in Order to Preserve the Safety and Interests of Adjacent Condominium Owners

    Adam Leitman Bailey, P.C. Obtains Landmark Decision Denying Developer of a License in Order to Preserve the Safety and Interests of Adjacent Condominium Owners

    In a landmark decision for New York real estate developers and owners, on August 2, 2018, a New York State Supreme Court Justice issued the first decision in New York history denying a temporary, limited license sought by a developer pursuant to Real Property Actions and Proceedings and Law (“RPAPL”) Section 881. “[T]he Court is in agreement with the respondents in this matters. The Court is going to dismiss the petition for a license as it has been indicated that,...

    View Case Study
  • Commercial Building Development Preview Image
    Adam Leitman Bailey, P.C. Stops Development Project for 22 Months Allowing Seller to Sell Next Door Development

    Adam Leitman Bailey, P.C. Stops Development Project for 22 Months Allowing Seller to Sell Next Door Development

    When the owner of a townhouse (the “Developer”) filed an action against the adjacent homeowners (the “Neighbors”) seeking a license to enter and install protective measures under Real Property Actions and Proceedings Law (“RPAPL”) Section 881 so that the Developer could proceed with its proposed demolition and construction project, Adam Leitman Bailey, P.C. demanded that the court order an evidentiary hearing to determine the nature and scope of the required protective measures due to the dangers and risks presented by...

    View Case Study
  • Real Property Actions and Proceedings Law (“RPAPL”) § 881 –Novel Decision Effecting the Rights of Developers – In New York City – Adam Leitman Bailey, P.C. Defeats Emergency Application Concerning Permanent Encroachments Before Appellate Division

    Real Property Actions and Proceedings Law (“RPAPL”) § 881 –Novel Decision Effecting the Rights of Developers – In New York City – Adam Leitman Bailey, P.C. Defeats Emergency Application Concerning Permanent Encroachments Before Appellate Division

    Following the Supreme Court’s landmark ruling in Tompkins 183 LLC v. Frankel, granting the developer of a residential and commercial building in the East Village a license to install permanent encroachments in the form of party wall tie-backs in the shared party wall that were necessary for the developer to proceed with the demolition of its existing building, the Adjacent Owner filed an emergency application before the Appellate Division seeking an immediate stay of the installation of such permanent encroachments...

    View Case Study
  • Construction Law Preview Image
    Real Property Actions and Proceedings Law (“RPAPL”) § 881 Landmark Decision That Will Change the Rights of Developers and Construction Law in New York City

    Real Property Actions and Proceedings Law (“RPAPL”) § 881 Landmark Decision That Will Change the Rights of Developers and Construction Law in New York City

    In a landmark decision that will change the rights of developers and construction law in New York City, on December 6, 2019, the Honorable Justice Eileen Rakower ruled that the developer (the “Developer”) of a building was entitled to install a permanent encroachment onto the adjacent building in order to permit the Developer to proceed with the demolition of an existing building. In Tompkins 183 LLC v. Marsha Frankel, after several months of good faith efforts to negotiate a license...

    View Case Study
  • Adam Leitman Bailey, P.C. Obtains Injunction to Prevent Townhouse Renovations That Violated Adjacent Owners’ Right to Due Process

    Adam Leitman Bailey, P.C. Obtains Injunction to Prevent Townhouse Renovations That Violated Adjacent Owners’ Right to Due Process

    When the owners of a townhouse sought Adam Leitman Bailey, P.C.’s help after the owner of the adjacent townhouse notified them that they intended to perform an extensive renovation to substantially expand the footprint and height of their townhouse, Adam Leitman Bailey, P.C. successfully obtained an injunction preventing the adjacent owner from performing any demolition and/or construction activities on the townhouse for over a six month period by arguing that the New York City Landmarks Preservation Commission had violated the...

    View Case Study
  • Landmark Chelsea Preview image
    Adam Leitman Bailey, P.C. Successfully Protects Landmark Townhouse From Adjacent Construction

    Adam Leitman Bailey, P.C. Successfully Protects Landmark Townhouse From Adjacent Construction

    When the owner of a Landmark townhouse in Chelsea sought Adam Leitman Bailey, P.C.’s help after the owner of the adjacent townhouse notified them that they intended to perform an extensive renovation to substantially expand the footprint and height of their townhouse, Adam Leitman Bailey, P.C. successfully protected the owner from the intended construction, bringing a complete halt to the adjacent owner’s plans by presenting critical testimony before the New York City Landmarks Preservation Commission. Taking a hands-on approach, the...

    View Case Study
  • Amended Code Preview Image
    Impact of New York City’s Amended Noise Control Code

    Impact of New York City’s Amended Noise Control Code

    New York Law Journal

    July 2nd, 2008 Although noise is a reality of modern urban living, it is also considered the leading quality of life issue in New York City.1 After nearly 40 years, the New York City Noise Control Code (the Code) was amended, effective July 1, 2007 (the Amended Code).2 The amendments define unreasonable noise as sound that disturbs the peace or comfort of a reasonable person of normal sensitivities, but recognize that activities necessary for the city’s physical and economic growth...

    View Case Study
  • Photo of buildings in New York City
    Adam Leitman Bailey, P.C. Saves and Secures Life-Saving Facility While Stopping Work on Development Project

    Adam Leitman Bailey, P.C. Saves and Secures Life-Saving Facility While Stopping Work on Development Project

    In New York City, some buildings are sacrosanct. They may not be good-looking or special from the outside but what they do on the inside helps save lives. When Adam Leitman Bailey, P.C. attorneys received the emergency call and ran to this building, upon arriving they were shuffled into an office and briefed on the importance of their mission. The attorneys had to secure and eventually save the building, which cannot be named due to the secrecy of the assignment,...

    View Case Study
  • New York County Supreme Courthouse
    Adam Leitman Bailey, P.C. Wins Another Matter Under Real Property Actions and Proceedings Law (“RPAPL”) Section 881 – Essential Construction Granted During Pandemic

    Adam Leitman Bailey, P.C. Wins Another Matter Under Real Property Actions and Proceedings Law (“RPAPL”) Section 881 – Essential Construction Granted During Pandemic

    A large real estate owner (“Petitioner”) in New York City retained Adam Leitman Bailey, P.C. to file an action under Real Property Actions and Proceedings Law (“RPAPL”) Section 881 to obtain an order for access to the adjoining property owner’s (“Respondent”) building in order to install the temporary protections required under the New York Department of Buildings Code. In January 2020, Petitioner had attempted in good faith to negotiate a license agreement with Respondent for the installation of temporary protections...

    View Case Study

We don't support Internet Explorer

Please use Chrome, Safari, Firefox, or Edge to view this site.