The “Over-my-dead Body” response to a developer`s access request is not really an option for co-op and condominium housing, as the law favors developers who want to complete approved projects. If a developer`s application has been rejected, the developer may begin a special procedure for a building entrance license, pursuant to Section 881 of the New York Company`s Real Estate Actions and Procedures Act. How developers can avoid costs and delays The best way for a developer to enter into access agreements is to speak as quickly as possible with property owners adjacent to a project, ideally in the early stages of the design process. The earlier a neighbour is treated, the less influence they have. If a neighbour seems really difficult at this point, it may be worthwhile to redevelop the foundations and avoid substantiating the neighbour`s property. It is also wise to have an experienced lawyer who formulates access agreements to protect both developers and neighbor`s rights. In conjunction with all works that take place next to a neighbouring land, the construction status must be registered in accordance with the current building code. It is recommended that we move on to the next step in establishing a comprehensive study of the condition of buildings, describing the structure and all existing problems, in order to avoid unjustified claims for compensation. Move forward until today. The deadline expired more than 15 months ago and the scaffolding is still in front of the front of the cooperative. But thanks to the access agreement, this unpleasant development has a somewhat tarnished glimmer of money: the co-op has received more than $40,000 in fines from its neighbour next door. The licensing agreement also stipulates that the developer must pay the Co-op`s legal fees arising from non-compliance with the agreement, according to a board member who asked not to be identified because negotiations are continuing.
However, there is another option, the developer does not need to meet the neighbor`s requirements. If the developer is unwilling to pay the neighbor because he is demanding an inappropriate fee or they are deliberately blocking the progress of the construction, the developer may initiate special legal proceedings for a license to seize the adjacent property pursuant to the Demartar Act and Procedure (“RPAPL”) Section 881 (for more information in this section of the New York Code). However, this usually involves hiring lawyers to represent the developer and await the court`s decision. Many developers decide to negotiate and pay the license fee to avoid the cost and uncertainty of legal proceedings. He would like the city or the state to play a more active role in regulating such agreements, as Rockefeller did in 1968. His only chance to move the project forward was at the negotiating table. And it cost him his life. When did an agreement on the protection of construction become an agreement that allowed the neighbour to supervise the construction? On the other hand, what can or should a neighbour have if there is reason to believe that a developer`s excavation will damage their property when there are plans approved by the DOB? There are no easy answers to such questions, even for someone like me who has experience on both sides of the table and the courtroom.