Laws of New York (Last Updated: November 21, 2014) |
RPA Real Property Actions and Proceedings |
Article 8. WASTE AND OTHER ACTIONS AND RIGHTS OF ACTION FOR INJURY TO REAL PROPERTY |
Section 871. Action for the removal of encroaching structures
Latest version.
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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.