In an article for the New York Law Journal, Braverman Greenspun partner Benjamin Fox Tracy analyzes a sweeping amendment to Section 881 of the Real Property Actions and Proceedings Law (RPAPL § 881) that will substantially impact property access disputes during construction projects.
Ben explores how the amendment will alter longstanding legal standards governing when and how a property owner may access a neighbor’s property to perform construction or repairs. Notably, the amendment lowers the threshold for obtaining access, expands the scope of permissible activities (including the installation of permanent encroachments), and introduces new procedural requirements involving lessees and state entities. Ben also highlights the amendment’s potential constitutional vulnerabilities, particularly its departure from temporary-only access and attorney fee reimbursement provisions. If signed into law, the amendment is expected to significantly reshape the legal landscape surrounding RPAPL § 881 proceedings.
Read the full article here.