The amended section 881 of New York’s Real Property Actions and Proceedings Law (RPAPL), effective December 2025 and revised again in February 2026, provides a clearer process for obtaining access to neighboring property for repairs or improvements. Previously, an applicant had to show that the work could not be carried out without entering the neighboring property. The amended law now asks whether the work can be carried out in a commercially reasonable manner without that access. It also gives the affected neighbor express protections concerning documents, insurance, and compensation—matters the old statute left to the court’s discretion.
Section 881 addresses when a property owner or tenant may obtain court permission to enter neighboring property after access has been refused, and what conditions should apply. The court may grant a license on terms that are fair in the circumstances.
Refusal includes failure to respond within sixty days where more than one written notice has been served by certified mail. The law permits access for surveys, scaffolding, protective coverings, monitoring devices, staging, temporary airspace use, and other construction measures. Most significantly, courts may now authorize permanent supports such as underpinning, tiebacks, and anchors, which courts generally declined to order under the prior law absent the neighbor’s agreement.
The license must now include conditions concerning notice, duration, relevant documents, insurance, and reasonable compensation. The applicant remains liable for actual damage caused by entry. The court may also consider whether either party complied with past licenses. Access cannot be ordered where the neighboring property is owned, leased, or occupied by a New York state entity, a term broadened in 2026 from the MTA alone to all State agencies and authorities.
For owners seeking access: The principal change is that the existence of alternative construction methods no longer defeats a request; the applicant may instead seek to show that those alternatives are not commercially reasonable. The court still decides whether that showing has been made and whether a license is appropriate. Applicants should support their request with plans, engineering advice, insurance documents, and a realistic schedule. They should also serve formal certified-mail notices early and plan for possible delays.
As regards neighboring owners: Responding to a request allows them to raise concerns and negotiate protection, repair obligations, and payment. Reasonable compensation is now required and may account for loss of use and enjoyment, including reduced property value, as determined by the court. The court may also require reimbursement of reasonable document-review fees. Because the 2026 revision requires the applicant only to provide proof of its insurance coverage, neighbors who want to be named as additional insureds on the applicant’s policy should negotiate for that protection.
In conclusion: Both parties should address access early and agree on clear terms where possible. Where agreement fails, section 881 allows the court to grant access while protecting the neighboring owner’s interests.
This article is provided by Richter Restrepo PLLC for general informational purposes only and does not constitute legal advice.
Published October 22nd 2026