1-Hour Program

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When building on land bordered by neighboring properties, developers must protect such properties as required by the local Building Code. This program will explore common protections for adjacent properties and discuss key terms to be included in license agreements to permit these protections - from both the developer and adjacent owner perspectives. Legal remedies available to developers in the event a neighbor does not cooperate with the implementation of the required protections will also be presented.

Topics will include:

  • Strategy for initial discussions with the developer and adjacent owner, sensitivity points and pre-negotiation escrow [10 minutes]
  • Types of protections and addressing sensitivities associated with the protections [20 minutes]
  • Key contractual terms (i.e. license fee, professional fees, escrow, insurance, indemnity, etc.) [20 minutes]
  • Discussion of seeking court-ordered access (i.e. RPAPL Section 881) and timing [10 minutes]

Who Should Attend: Owners and developers, owner representatives, construction managers and contractors, design professionals, neighboring property owners, real estate and construction attorneys

Program Level: Overview

Prerequisites: None

Advanced Preparation: None


Melissa T. Billig

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Brandon P. Reiner

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Credit Details

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