Access Agreements: Scope of Protections

Access agreements are essential for property owners, developers, and contractors to facilitate construction and maintenance projects while respecting the rights and concerns of neighboring property owners.

A vital part of crafting effective access agreements is outlining the “Who, What, When, Where and Why’s” of protection measures (i.e., protection materials and equipment). This approach provides clarity and accountability, helping to prevent disputes and maintain good relations between all parties involved. By detailing these elements, a framework is provided to address the specific needs and concerns of each project, promoting safety, compliance, and cooperation throughout the process.

The Who, What, When, Where and Why’s

General Scope of Requested Access

Defining the extent of access is fundamental. This involves specifying the areas of the adjacent property (interior and exterior, as applicable) that will be accessed and by who, the nature of the protection measures and any work to be performed to the project site from the adjacent property, and the frequency and duration of access. Clear delineation helps prevent misunderstandings and disputes.

Commencement and Duration of Protection Measures

It is important to specify who will install the protection measures, when they will be installed and for how long they will remain in place (i.e., the license term).? Thus, these agreements should specify the commencement date for the license term and what triggers the commencement date.

Type and Location of Protection Measures

It is important to specify the type of protection measures (i.e., scaffolding, barriers, roof protections, or other temporary structures) to be installed and where they will be installed on the adjacent property.

Manner of Installation and Removal of Protection Measures

Understanding and specifying how these protection measures will be installed, maintained and removed is important. Can the installation, maintenance and removal of the protection measures be accomplished through the project site or will it require entry through the adjacent property? Will it require access through common area space of the adjacent property, or will it require entry through occupied units? This information impacts, among other things, logistics, security, and potential disruptions and interference with use and occupancy.

Professional Review of Protection Plans

Protection plans should be reviewed by a professional to determine if the type and scope of protection measures being sought are adequate, safe, and compliant with relevant regulations.

Conclusion

Since access agreements provide another party with rights to access your property, it is important to clearly define that permitted scope of access, the type and location of protection measures, the installation processes, and the duration of the term, and by having professional oversight of protection plans through engineering reviews.

For more insights and assistance with access agreements, feel free to connect with me reach out to me at ??[email protected] or at ?? 212-624-4185.

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