A lawyer discusses tips for handling access situations by C. Jaye Berger

C. Jaye Berger, Law Offices of C. Jaye Berger

There are many different ways in which people become involved in “access situations” and find themselves needing legal counsel in this area. Sometimes people call me and say that developers next door have been doing construction work for a while and they are “wondering” if they need my advice or if they should have me contact them. If you are at that point, it is already a bit late in the game–not too late, but late.

It is best to make contact with the developer as soon as possible, so that arrangements have the best chance of being worked out fully and amicably. For example, you can hear a loud noise and think there is a crack in your façade, call the NYC Department of Buildings to have the work stopped or you can anticipate such issues and negotiate to have vibration monitors already in place and a lawyer and engineer lined up and on call.

Sometimes a developer knows with certainty that he will need access to your property during the course of construction. If that is the case, he will be contacting you. He may even deliver a proposed access agreement right off the bat. Other times, the developer just engages in construction and you are left wondering “if or when” he is going to need your permission to enter onto your property.

It is not the kind of situation where you want to be shy. It is best to retain legal counsel knowledgeable in this area so that negotiations can begin right away. In almost every instance where construction is taking place next door, there is “something” the developer will need from you. It can be as little as access to your property to be able to more easily do some work on his own building, to something much larger, such as needle beam scaffolding on your roof or even purchasing development rights from you. Seek legal counsel promptly to ensure that issues are addressed.

C. Jaye Berger, Esq.  is an attorney at Law Offices C. Jaye Berger, Manhattan, N.Y.