Owners of real estate often need access to neighboring properties to make improvements or repairs. Access is sometimes neighborly and collegial; however, circumstances are often adversarial and lead to litigation.
In this regard, Section 881 of the Real Property Actions and Proceedings Law provides that:
When an owner or lessee seeks to make improvements or repairs to real property so situated that such improvements or repairs cannot be made by the owner or lessee without entering the premises of an adjoining owner or his lessee, and permission so to enter has been refused, the owner or lessee seeking to make such improvements or repairs may commence a special proceeding for a license so to enter pursuant to article four of the civil practice law and rules. The petition and affidavits, if any, shall state the facts making such entry necessary and the date or dates on which entry is sought. Such license shall be granted by the court in an appropriate case upon such terms as justice requires. The licensee shall be liable to the adjoining owner or his lessee for actual damages occurring as a result of the entry.
Needless to say, each and every element of Section 881 has been, and continues to be, a source of litigation.
DDG Warren LLC v. Assouline Ritz 1, LLC, 2016 NY Slip Op 02926 (App. Div. 1st Dept. April 19, 2016) Continue reading