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New York’s RPAPL §881 provides a legal remedy for a property owner or developer, who seeks to make “improvements or repairs” to that owner/developer’s real property, to initiate a special proceeding in court to obtain an order granting the owner/developer a temporary license to enter the property of an adjoining owner, provided certain requirements are met. Courts are empowered to grant the license “in an appropriate case,” and entry by the owner/developer can be granted to the adjoining premises “upon such terms as justice requires.” see Chase Manhattan Bank v. Broadway, Whitney Company, 57 Misc.2d 1091, 294 NYS2d 416 (Special Term, Sup. Ct., Queens Co.,1968), affirmed, 24 NY2d 927 (1969). Just what “justice requires” is a developing area.
In lieu of the fairly low standard required to obtain such a court order, and in light of the desire of most parties to negotiate their own agreement, rather than having a court fashion an agreement, the vast majority of such requests are resolved by private agreement, known as a licensing agreement, between the neighbor and the developer or property owner who is requesting access.
The intricacies, pitfalls, and neighbor concerns are many. In this lecture, our attorneys will highlight what to watch out for, what to negotiate for, and when it may be better to stand one’s ground and let a judge decide. From access concerns to zoning issues, you will leave this seminar with a firm understanding of what to negotiate for and how to select the right attorney to handle the job.
REGISTRATION: 4:00 PM - 4:30 PM
SEMINAR: 4:30 PM - 5:30 PM
NETWORKING COCKTAIL RECEPTION: 5:30 PM - 6:30 PM
California 1.0 general
New York 1.0 PP
Pennsylvania 1.0 substantive
This program is appropriate for both newly admitted and experienced attorneys.
Deborah B. Koplovitz, Esq.
Andrew B. Freedland, Esq.
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