Construction Disputes & Adjoining Access Issues
NY Real Estate Commercial Litigation: Construction Disputes & Adjoining Access Issues
Common Issues in New York Commercial Construction Disputes
Construction-related litigation often involves claims of property damage, delays, violations of building codes, and breach of contract. In many cases, disputes center on the impact of excavation, underpinning, or vertical expansion on adjacent properties. Common issues include:
- Structural damage to neighboring buildings from excavation or demolition
- Claims of trespass, nuisance, or negligence arising from construction activities
- Disputes over noise, vibration, dust, or debris
- Enforcement of building access rights under RPAPL § 881
- Failure to comply with New York City Building Code requirements for safety protections and neighbor notifications
Adjoining Access Disputes Under RPAPL § 881
One particularly nuanced area of commercial construction litigation involves adjoining access disputes. When a developer requires temporary access to a neighbor’s property to install scaffolding, protective measures, or complete work that can’t be done solely from their parcel, and consent is not granted, they must petition the court under Real Property Actions and Proceedings Law (RPAPL) § 881. These proceedings are often expedited and require a balance between the petitioner’s development rights and the neighbor’s right to quiet enjoyment of their property.
RPAPL § 881 petitions typically address:
- Scope and duration of the requested access
- Conditions imposed to minimize disruption
- Indemnification and insurance requirements
- Payment of license fees or compensation for inconvenience
Facing a Construction or RPAPL § 881 Access Dispute in New York?
At Schwartz, Conroy & Hack, PC, we represent property owners, developers, and commercial landlords in the full range of construction-related disputes and adjoining access matters. Our team is experienced in litigating claims for damages, negotiating access agreements, and seeking or opposing court-ordered licenses under RPAPL § 881. We understand both the legal and practical pressures at play in fast-moving construction projects, and we work to resolve disputes efficiently while preserving long-term real estate value.
If you are involved in a construction conflict or facing resistance to necessary access, contact us to protect your interests and keep your project on track.
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