NY State — NY Real Property Actions & Proceedings Law

§ 871 — SECTION 871 Action for the removal of encroaching structures

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

What is NY RPAPL § 871?

Quick Answer

This section allows the owner of any legal estate in land to maintain an action for an injunction to remove a structure that encroaches on their property. The court may also award damages instead of an injunction if warranted. Applies to property owners dealing with encroaching structures.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 871 SECTION 871 Action for the removal of encroaching structures

RPAPL § 871

1.An action may be maintained by the owner of any legal estate in land for an injunction directing the removal of a structure encroaching on such land. Nothing herein contained shall be construed as limiting the power of the court in such an action to award damages in an appropriate case in lieu of an injunction or to render such other judgment as the facts may justify.

2.This section shall not be deemed to repeal or modify any existing statute or local law relating to encroaching structures.

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