RPAPL 843 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 841 Action for nuisance up ARTICLE 8 Waste and Other Actions and Rights of Action For Injury to Real Property next SECTION 851 Action against certain persons holding over as trespassers Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 843 Fences and structures, when private nuisance Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 8 § 843. Fences and structures, when private nuisance. Whenever the owner or lessees of land shall erect or shall have erected thereon any fence or structure in the nature of a fence which shall exceed ten feet in height, to exclude the owner or occupant of a structure on adjoining land from the enjoyment of light or air, the owner or occupant who shall thereby be deprived of light or air shall be entitled to maintain an action in the supreme court to have such fence or structure adjudged a private nuisance. If it shall be so adjudged its continued maintenance may be enjoined. This section shall not preclude the owner or lessee of land from improving the same by the erection of any structure thereon in good faith.