N.Y. Real Property Actions & Proceedings Law Section 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.

Source: Section 871 — Action for the removal of encroaching structures, https://www.­nysenate.­gov/legislation/laws/RPA/871 (updated Sep. 22, 2014; accessed Feb. 21, 2026).

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Verified:
Feb. 21, 2026

Last modified:
Sep. 22, 2014

§ 871. Action for the removal of encroaching structures's source at nysenate​.gov

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