Statute · New York Real Property Actions & Proceedings Law

N.Y. Real Prop. Acts. Law § 871 — Action for the removal of encroaching structures

N.Y. Real Prop. Acts. Law § 871

Type
Statute
Source
New York Real Property Actions & Proceedings Law
Jurisdiction
New York
Current through
Nov 5, 2026 (NY Senate Open Legislation)

§ 871. Action for the removal of encroaching structures. 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…

Citator

N.Y. Real Prop. Acts. Law § 871 — Action for the removal of encroaching structures is in force in the current edition of the Code, and nothing recorded condemns it.

§ 871. Action for the removal of encroaching structures. 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.