Construction partner Laurie Stanziale recently wrote an article for Law360’s Expert Analysis column on "NYC Access Agreement Trends to Watch in 2019.” The article delves into the special challenges faced when doing construction or performing other work on one’s property in densely populated areas like New York City, which created the Real Property Actions and Proceedings Law, RPAPL §881 to address these issues.
Laurie notes despite their original intent, these "access agreements” are increasingly no longer just agreements for access to a neighboring property. She goes on to say that the courts seem to be entertaining these "non-access” objections in the context of RPAPL §881s, even though the proceeding was created to address the need for access to the neighbor’s property. Laurie notes that how and whether the courts will continue to entertain disputes between neighbors about construction, even if no damage has occurred and no access is required — and how and whether the DOB will be compelled to take a more active role in these disputes will be two important trends to watch in 2019.
Read the full article.
|Stanziale, Laurie A. Partner||Partner||212.216.1175|