RPAPL 871 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 861 Action for cutting, removing, injuring or destroying trees or timber, and damaging lands thereon up ARTICLE 8 Waste and Other Actions and Rights of Action For Injury to Real Property next SECTION 881 Access to adjoining property to make improvements or repairs Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 871 Action for the removal of encroaching structures Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 8 § 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.