RPAPL 881 proceeding - back yard access by neighboring developer

i used to work in management in commercial buildings and someone was always having to get access through someone else’s property (or roof) for repairs. I cannot tell you specifics because most of the conversations were held between executives above my pay grade (because of possible ramifications if something were mismanaged by a lowly building manager; it is more a “contract” issue for lawyers, me thinks). I am not sure if you are in a situation where you might ever need to ask them for the same “favor” but in commercial buildings, with no land between them, this is often not the case and we (lower management) were usually warned in advance that negotiations were going on with neighbors over access, them either wanting access to the building we worked in or our building possibly needing access to theirs, for an up coming project. when this was happening, we on the building management team were often asked to tread with care with the neighbors because they did not want something to happen where a court order was needed to gain access. in the end, you can make this difficult for them but in the end they will get access and if you need a favor later, they could play hardball.

Most of the time what most buildings who want to play good neighbor want, is assurances that the developer and all of their contractors carry the required insurance listing you as additionally insured and that an agreement is made that they will put your property back the way they found it and indemnify you. i will say this, i meet a lot of homeowners who tell me they granted a neighbor access and the neighbor’s contractor screwed up this and that and the neighbor did not fix it. i saw little of that in commercial (I think) because the contracts were written by professionals to guarantee that things were put back the way they should be.

what i am suggesting is, make this go the easy route for the developer. find out what it will cost to have a lawyer review a contract that the developer offers up. Tell the developer you want him to pay that and have contingencies ready in case something else comes up. charge him something nominal for your time with some padding to cover unexpected. have your attorney review the contract they offer up and add some things to protect you. also, read other agreements you can find on line (from nyc) and see if any have clauses that might protect you and run them by your lawyer and ask if they are pertinent in your situation (or check over your lawyer’s work this way). I am not saying do not be suspicious of a contract a developer offers up to you but use it as a starting point and have your lawyer offer amendments. working with them this way might be easier for all they forcing them through the entire process.

in commercial buildings they never wanted to force the neighbor to take legal action for this sort of thing. could be different with a developer who may not be there in a few years anyway.