Access Agreement For Adjoining Property

Almost all co-ops and condominiums in New York City will at some point need access to nearby land to work on their building, or they will be asked to access their neighbours so they can work on their building. [1] Intrusion may be minimal - such as installing safety slides on a roof - or extensive and troublesome scaffolding - such as the installation of scaffolding, the containment of courtyards or terraces, or the cause of considerable noise or vibration. What are you doing? What can you do? [1] Access to adjacent land is generally not required to construct a sidewalk shed - required for 20 feet on either side of a construction project - since the sidewalk in front of the adjacent land is owned by the city up to the boundary of the land (unless the adjacent land is naturally reset from the boundary of the land, access to the adjacent land and therefore the licence). Whether you call the license or grant it: You should also check if there are other parties whose cooperation and agreement are required - the landlord or tenant with the balcony or the closed yard, the retail tenant whose light and air are blocked by scaffolding, the tenant or landlord outside, whose windows can be built on a work platform, the tenant or resident who will be most affected by noise or vibration. If you are the party that needs access, you need to understand that obtaining the license is a process that requires time and preparation; You don`t want your contractor to stand on the sidewalk and wait to start working while you negotiate with the neighbor, or you have to go to court with an application at number 881. The details of access, coverage and insurance must also be coordinated with your contractor and architect. The license, whether by agreement or court decision, should ask questions such as: The basic rules are fairly easy to deal with. The landowner who needs access - either to fulfill a legal obligation to protect adjacent land during construction, or to make it simpler or less expensive - must obtain a licence from the adjacent owner. A license is simply permission for non-exclusive use for a specific purpose and period.

The licence may be granted either by negotiation and agreement with the owner of the adjacent land, or, if an agreement cannot be reached, through a legal proceeding under . 881 of the New York Law on Real Estate Prosecutions and Procedures. Section 881 provides that "a licence is issued by the court in an appropriate case under the conditions required by the courts... An "appropriate case" is a case where construction is "necessary" within certain limits of adequacy and practicality. The real issue is the definition of the conditions under which access is granted. Landowners who refuse access as a whole are largely unsuccessful. In September 2016, the appeal division, First Division, ruled on a case that has a significant impact on insurance coverage for construction projects between site managers and contractors. We must not lose sight of the fact that the decisive participation in this case also has a significant impact on the impact of the insurance that an owner/developer issues to a nearby property as part of access to that property during the owner/developer project.

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