Developing real property in a densely congested metropolis like New York City poses logistical and safety difficulties with neighboring properties. Recognizing these difficulties and problems, in 1968 the New York State Legislature enacted Section 881 of the Real Property Actions and Proceedings Law. This statute was enacted to carefully balance the need and the right for properties to be developed and maintained, while protecting adjoining property owners impacted by the construction.

Essentially, RPAPL 881 provided developing parties with a statutory vehicle to institute a special (expedited) proceeding in the New York State Supreme Courts to obtain a judicial order granting a temporary license to access neighboring properties to improve or repair real property, where such improvements cannot be made “without entering the premises of an adjoining owner” and where permission to do so has been refused.