A property owner, who needs to make repairs to his property, may only be able to do so by entering onto his neighbor’s property. A problem arises when the neighbor does not allow access to the property.
In a recent Court decision, it was ruled that when a neighbor refuses to grant access to their property to permit the adjacent property owner to make repairs, the owner seeking the repairs may bring a special proceeding to obtain permission to enter the property pursuant to RPAPL Section 881. The person who is granted a license of entry is liable to the adjoining property owner for any damage caused to his property as a result of such entry. The potential for damage, or actual damage, is not a basis to deny entry to the adjoining property. In the Matter of Double J. Partners, LLC v. Forte (NY Supreme Court, New York County, Index #111451/10).