A Man’s Home Is (Not Always) His Castle:
RPAPL 881 License to Enter Neighbor’s Property
by Richard A. Klass, Esq.
A Man’s Home Is (Not Always) His Castle
In the current economic and political climate in New York City, which encourages building more and more housing units for the multitudes, it is not surprising that property owners are experiencing “growing pains.” Among those “growing pains” are the inconvenience and annoyance to neighboring property owners when a developer buys land next door, then seeks to build on that land, and must gain access through the adjacent owners’ property in order to do the work. Access may be needed to move equipment, build up to the property line, or deliver material to the building site.
RPAPL 881 grants a license to enter property:
New York law seeks to find middle ground between the property developer and the neighboring owner so that the developer may build its structure while the neighbor can be left relatively undisturbed.