Underpinning a Neighbor’s Property: Resolve Access Before Work Begins

Reviewed September 7, 2026.

Do not treat a building permit as permission to occupy, enter or alter neighboring property. Underpinning and protective work require engineering review and a valid legal basis for the proposed access.

Negotiate a complete agreement

A written access agreement should identify the permitted work, drawings, access area, dates, inspections, monitoring, insurance, restoration, compensation and responsibility for damage. It should address whether any support or other installation will remain and what rights are actually being granted. Avoid informal permission that leaves the scope uncertain.

Consider the current court-access statute

When qualifying work cannot be performed in a commercially reasonable manner without entry and permission has been refused, RPAPL 881 permits a special proceeding in an appropriate case. The current statute expressly includes certain supports and underpinning required by code, regulation or local law. It also sets conditions concerning notice, documents, insurance, duration and compensation, and makes the licensee liable for actual damage caused by entry. State-entity property is subject to an exclusion.

Relief is not automatic and should not be assumed to authorize every permanent encroachment or proposed design. Analyze the requested work and any court order precisely. Starting without adequate access rights can cause injunctions, DOB enforcement, delay and additional expense; outcomes depend on the facts rather than an inevitable fixed penalty. Plan access early enough for negotiation or court proceedings.

Kushnick Pallaci PLLC assists clients throughout New York with RPAPL 881 access proceedings. Contact 631-752-7100 or vtp@kushnicklaw.com.

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