In New York’s current real estate climate, with construction seeming to exist on every vacant parcel and often in close proximity to neighboring properties, it is often necessary to obtain permission of the adjacent neighbors to erect protection on the their properties. (The erection of sidewalk bridges on public rights of way does not require permission of the property owner fronting the sidewalk bridge, unless the bridge is affixed to the neighbor’s property.)

Where the developer finds an uncooperative neighbor, recourse to Real Property Actions and Proceedings Law § 881, pursuant to which the developer may obtain a license to enter the neighbor’s property, is available. Section 881 is silent as to conditions which may be imposed for granting the license, stating only that the license shall be granted by the court “as justice requires,” and a body of case law has developed providing guidance as to whether conditions, such as fees and other costs, to granting the license should be imposed. This article will discuss some of the more notable cases.

License Fees and Other Costs