What's happening
This bill requires anyone granted a license to enter adjoining property for repairs to post a bond and provide compensation to the property owner.
Why it matters
Increases financial protection for neighbors. By requiring a bond based on the value of the adjoining property and the risks involved, the bill ensures that funds will be available to cover potential damages, giving property owners greater security when someone else needs to enter their land for repairs.
Establishes fair compensation standards. Compensation for the property owner must be calculated using procedures from eminent domain law, which typically aims to ensure fair market value and thorough evaluation, rather than leaving compensation up to negotiation or arbitrary amounts.
Could affect the cost and feasibility of repairs. The added requirements to post a bond and pay compensation may make repairs or improvements more expensive or complicated for those seeking access, possibly discouraging unnecessary or speculative work that could inconvenience neighbors.
Creates clearer legal expectations. By mandating these terms, the bill reduces ambiguity in disputes between neighbors, providing a more predictable process and likely reducing litigation or conflict over what is “just” compensation or sufficient security.
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Who cares
Owners and lessees seeking access to neighboring property
Those granted court-ordered access for improvements or repairs would have to post a bond based on the neighboring property's value, the extent of the work and the potential for damage.
Adjoining property owners
They would receive appropriate compensation based on the procedure and analysis in the eminent domain procedure law, in addition to the existing right to recover actual damages caused by entry.
Courts handling property-access proceedings
They would have to include a bond and compensation for the adjoining owner among the terms of an access license.
Headline styles
Require Bond for Property Access
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10328
IN ASSEMBLY
April 10, 2018
Introduced by M. of A. NOLAN -- read once and referred to the Committee on Judiciary
AN ACT to amend the real property actions and proceedings law, in relation to requiring an owner or lessee who is granted a license to enter adjoining property to post a bond based on the property value of such adjoining property and requiring appropriate compensation for the adjoining property owner
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 881 of the real property actions and proceedings law, as added by chapter 220 of the laws of 1968, is amended to read as follows:
§ 881. Access to adjoining property to make improvements or repairs. 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. Such terms shall include, but not be limited to the following: (a) the posting of a bond by the licensee in an amount that shall be based on (i) the property value of the adjoining property, (ii) the extent of the proposed work, and (iii) the potential for damage to the adjoining property; (b) requiring appropriate compensation for the adjoining property owner based on the procedure and analysis provided in the eminent domain procedure law. The licensee shall be liable to the adjoining owner or his lessee for actual damages occurring as a result of the entry.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15015-02-8
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.