Neighbor Access Agreement

There may be «no damnum absque injuria», where there is such an intrusion. Thus, an owner who physically enters the country of another is held responsible. When the neighbors knocked on the door, the first clever maneuver this board of directors of the cooperative made was to summon its lawyer. «Don`t sign these things without a lawyer looking at them,» advises C. Jaye Berger, Principal in Law Offices C. Jaye Berger, a co-op and condo lawyer who often negotiates licensing agreements but does not participate in upper West Side Co-op. The construction of a neighboring developer can be vast and require access to the lobby, basement, roof and terraces of your building. «Normally, it`s not just a facade,» Berger says, «and the developer will say, `I have to go through your lobby, and I`m going to pay you an amount to do a lot of things.`» The examination of the permitted use does not depend solely on factors such as the use or whether the act is causing an injury or whether the injury is due to natural consequences or nuisances. On the contrary, the test of permitted use is determined by taking into account factors such as the proper exercise of dominion over the property, the relevant interests of the owner of the land and his neighbours, and public order.

If you are the party that needs access, you should understand that licensing is a process that requires time and preparation. You don`t want your contractor to be on the sidewalk and waiting to start work while you have to negotiate with the neighbor or run to court with a section 881 claim. The details of access, protection and insurance should also be coordinated with your contractor and architect. Depending on the circumstances, the developer may have a greater potential financial commitment to protect a neighbor`s property. If the developer shares a party wall with the neighboring owner, the developer cannot complete the desired construction without violating the neighbor`s property rights….