In New York City, real estate owners undertaking demolition, construction or alteration work must protect adjoining properties, often by accessing them to erect scaffolding, install sidewalk sheds, monitor vibration or structural movement, and implement other protective measures. At the same time, a fundamental aspect of property ownership is the owner’s right to exclude others. These realities create inherent tension when an owner seeks access to adjoining property to implement required protection, but the neighbor does not permit access.
In 1968, the New York State Legislature enacted Section 881 of the Real Property Actions and Proceedings Law (RPAPL §881) to address this tension. RPAPL §881 allows property owners to commence a special proceeding seeking a court-ordered license for temporary access to adjoining property when the adjoining owner refuses to grant such access. While the statute provided a judicial mechanism to resolve these disputes, the statute was brief and vague, offering little guidance on the process for requesting access, the scope and duration of licenses, and compensation owed to adjoining owners.
Effective Dec. 5, 2025, the statute was amended (the 2025 Amendment) to expand its scope and specificity. Real estate owners and developers should understand the changes introduced by the 2025 Amendment, its practical implications for negotiations, how it reshapes developer-neighbor dynamics, and unresolved questions courts may address over time.
LINKS
Read “Balancing Development and Property Rights: The Impact of the Amendments to RPAPL Section 881” by Peter S. Borock, Nick Hockens, and Tatiana Codner on the New York Law Journal website. (subscription)
To download a PDF, click the media item below.