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License Agreements and Real Property Actions and Proceedings Law (“RPAPL) § 881 Actions

Adam Leitman Bailey, P.C. has extensive experience representing developers, residential and commercial building owners, and the surrounding adjacent landowners in the negotiation of license agreements to install safety protections, and obtain other forms of required access, during the demolition, the support of excavation and foundation, and the construction phases of a project.

Adam Leitman Bailey, P.C. understands that the preparation and the planning of any development project, whether small or massive, has numerous complexities, including navigating the challenges of neighboring building owners and the community, while, at the same time, designing and filing plans with the New York City Department of Buildings, the New York City Landmarks Commission, and the New York City Department of Transportation, and meeting the financial and project timing demands and objectives of investors and lenders.

Given these project complexities, it is imperative for developers and landowners to know, as quickly as possible, where they stand with regard to their ability to obtain licensed access from their adjacent neighbors to install the necessary safety protections that are required under the New York Building Code to avoid delays.

Taking a hands-on approach to license agreements, Adam Leitman Bailey, P.C. works quickly to mitigate these risks of uncertainty.  Stepping away from the computer and desk, Adam Leitman Bailey, P.C. goes directly into the field with the developer, and its technical professionals, including the developer’s architects, structural engineers, geotechnical engineers, and acousticians, to gather information regarding the specific protections required under the New York Building Code for each of the neighboring properties, and the community.

Adam Leitman Bailey, P.C. also understands that reaching a license agreement with a developer/building owner to install proper safety protections of a building, however, is only half of the battle.  Once the negotiations of the license agreement are completed, and the agreement is executed, it is also imperative that adjacent owners monitor the developer’s/building owner’s demolition, support of excavation and foundation, and construction activities in order to ensure that the developer, and its contractors and sub-contractors, comply with the terms and conditions of these complex access agreements.  Such compliance monitoring helps mitigate the risk that the developer steps outside of the four corners of the access agreement.

These field visits arm the firm’s attorneys with the critical knowledge necessary to draft license agreements that provide safety protections to adjacent owners, as required under the New York Building Code, while simultaneously addressing the unique aspects of the neighboring buildings that must be considered under the license agreement for access.

This strategy not only fosters positive working relationships with adjacent neighbors, it also helps mitigate the risk of unwarranted negligence and breach of contract claims, as well as the risk of potential interference by adjacent building owners, who may otherwise attempt to obstruct the developer’s construction project.

Adam Leitman Bailey, P.C. also sits down with building owners to understand their primary concerns regarding the proposed construction, and to explain the potential impact and risks to their buildings as a result of the developer’s project.

Using this hands-on approach with building owners, Adam Leitman Bailey, P.C. negotiates robust license agreements with developers/building owners and adjacent landowners to mitigate the risks, including life and safety and property damage, to the neighboring buildings.

However, not all developers are cooperative and act in good faith regarding such negotiations for safety protections with adjacent building owners. Adam Leitman Bailey, P.C. also has extensive experience in halting a developer’s project when the developer/building owner wants to act like a cowboy, and trample over the rights of, and/or cut corners in terms of safety protections for, its neighbors.

In the event that such negotiations with neighbors turn contentious, or where a neighboring building owner becomes obstructive or otherwise overreaches in the obligations and protections it seeks from the developer under the license agreement for access, Adam Leitman Bailey, P.C. has extensive experience in expediting the commencement of a special proceeding under Real Property Actions and Proceedings Law (“RPAPL”) § 881 to mandate that the courts grant the necessary and required access to the developer so that the developer can expeditiously proceed with its construction.

Adam Leitman Bailey, P.C. has achieved unprecedented results for developers, residential and commercial building owners as well as their adjacent building owners in negotiating license agreements for access. These successes include:

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