§ 881 Access to adjoining property to make improvements or repairs
RPAPL § 881 · effective 1968-09-01
1.As used in this section: (a) the term "document" shall include but not be limited to copies of any plans, specifications, surveys, engineering reports or evidence of insurance for the work to be performed on adjoining property;
(b)the term "licensee" shall refer to the owner or lessee, as applicable, who seeks entry onto an adjoining property;
(c)the term "adjoining owner" shall refer to the owner or its lessee of the property adjoining that of the licensee;
(d)the term "refuse", "refusal", or "refused" shall be deemed to include instances where more than one written notice has been served, by certified mail, on the owner and has not been responded to within sixty days;
(e)the term "state entity" shall refer to any department, division, agency, office, public authority, or public benefit corporation of the state of New York, or any affiliate or subsidiary agencies of such department, division, agency, office, public authority, or public benefit corporation.
2.When a licensee seeks to make improvements or repairs to real property so situated that such improvements or repairs cannot be made by the licensee in a commercially reasonable manner without entering the premises of an adjoining owner, other than a state entity, and permission so to enter has been refused, the licensee may commence a special proceeding for a license so to enter pursuant to article four of the civil practice law and rules. The petition and affidavits, if any, shall state the facts making such entry necessary and the date or dates on which entry is sought. Any adjoining owner named as a party in such proceeding shall, at the request of the licensee, provide such licensee with such information as shall allow the licensee to identify the lessees of the adjoining owner and join them in the proceeding. Such license shall be granted by the court in an appropriate case and upon such other terms as justice requires. The licensee shall be liable to the adjoining owner for actual damages occurring as a result of the entry.
3.The purposes for which a licensee may seek permission to enter an adjoining property pursuant to this section may include:
(a)Preconstruction survey to document the existing conditions of the adjoining property;
(f)The undertaking of such other measures as may be required by applicable law or good construction practice.
4.The grant of any permission pursuant to this section shall be subject to the following conditions:
5.The court, in granting a license or otherwise resolving a proceeding brought pursuant to this section, shall be authorized to:
6.Notwithstanding subdivision five of this section, where the adjoining property to which the licensee seeks access is owned, leased or otherwise occupied by a state entity, the court shall not grant a license.
