RPAPL 841 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 833 Recovery of fee damages by the owner of a possessory estate for life or for years up ARTICLE 8 Waste and Other Actions and Rights of Action For Injury to Real Property next SECTION 843 Fences and structures, when private nuisance Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 841 Action for nuisance Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 8 § 841. Action for nuisance. An action for a nuisance may be maintained in any case where such an action might have been maintained under the laws in force immediately before the taking effect of article seventh of title one of chapter fourteenth of the code of civil procedure as added thereto by chapter one hundred seventy-eight of the laws of eighteen hundred eighty. A person by whom the nuisance has been erected and a person to whom the real property has been transferred may be joined as defendants in such an action. A final judgment in favor of the plaintiff may award him damages or direct the removal of the nuisance or both. This section does not affect an action wherein the complaint demands judgment for a sum of money only.