Reviewed September 7, 2026.
This article originally discussed 2011 Assembly Bill A706, an escrow proposal for neighboring-property damage. Its proposed fund and 60-day claims process should not be assumed to govern a present project.
Use the protections available for the actual work
A negotiated access agreement can address the work, protection and monitoring, insurance, restoration, security where agreed, and procedures for reporting and resolving damage. The amount and release of any security should be stated clearly.
The current RPAPL 881 governs qualifying court applications for adjoining-property access after permission is refused. It addresses documents, insurance, duration, compensation and responsibility for actual damage. It does not establish the old proposal's automatic project-cost escrow and 60-day recovery procedure.
Before neighboring work begins, document existing conditions and obtain relevant plans and coverage information. If damage occurs, prioritize safety, preserve evidence and promptly investigate insurance and legal remedies. Do not wait for a supposed statutory escrow process that has not been established for the project.
Kushnick Pallaci PLLC assists clients throughout New York with construction access agreements and neighboring-property protections. Contact 631-752-7100 or vtp@kushnicklaw.com.
Attorney Advertising. General information, not legal advice.
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