New York § 871 Action for the removal of encroaching structures

New York Statutes

§ 871 — Action for the removal of encroaching structures

New York § 871

Law RPAReal Property Actions & Proceedings

Art. 8Waste and Other Actions and Rights of Action For Injury to Real Property

This text of New York § 871 (Action for the removal of encroaching structures) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Real Property Actions & Proceedings § 871 (2026).

Text

§ 871. Action for the removal of encroaching structures.

1.An action\nmay be maintained by the owner of any legal estate in land for an\ninjunction directing the removal of a structure encroaching on such\nland. Nothing herein contained shall be construed as limiting the power\nof the court in such an action to award damages in an appropriate case\nin lieu of an injunction or to render such other judgment as the facts\nmay justify.\n 2. This section shall not be deemed to repeal or modify any existing\nstatute or local law relating to encroaching structures.\n

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§ 871. Action for the removal of encroaching structures. 1. An action\nmay be maintained by the owner of any legal estate in land for an\ninjunction directing the removal of a structure encroaching on such\nland. Nothing herein contained shall be construed as limiting the power\nof the court in such an action to award damages in an appropriate case\nin lieu of an injunction or to render such other judgment as the facts\nmay justify.\n 2. This section shall not be deemed to repeal or modify any existing\nstatute or local law relating to encroaching structures.\n

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New York § 871, Counsel Stack Legal Research, https://law.counselstack.com/statute/ny/RPA/871.