BILL NUMBER: S1305
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the real property actions and proceedings law, in
relation to access to adjoining property to make improvements or repairs
 
PURPOSE OR GENERAL IDEA OF BILL:
To establish a framework for property owners to make improvements and
repairs that require access to adjoining property, and the rights of the
adjoining property owners.
 
SUMMARY OF PROVISIONS:
Section one amends Section 881 of the real property actions and
proceedings law to define terms and establish a framework for a property
owner making improvements or repairs to access an adjoining property.
Section two establishes severability.
Section three establishes the effective date.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Amended version adds terms for clarification.
 
JUSTIFICATION:
There are circumstances when improvements or repairs on a property
require access to an adjoining owner's property in order to complete a
project and improve safety. On projects involving scaffolding, generally
there is a legal requirement that sidewalk sheds extend to adjoining
properties to protect pedestrians.
In some cases, owners and their neighbors cannot work out a solution
without going to 'court. The principal law that establishes the terms
under which adjoining property owners may be required to grant access to
their property is the Real Property Actions and Proceedings Law.
Enacted in 1968, Section 881 of this law governs efforts to compel
access to adjoining property in order to undertake improvements on one's
own property. Under this provision of law, the Supreme Court is author-
ized to grant a license to an owner (or lessee) that allows the licensee
to have temporary access to adjoining property, in aid of "improvement
or repairs" to the licensee's property.
This bill would create a more predictable framework that ensures
construction projects can proceed safely and efficiently while protect-
ing the rights of adjoining owners and improving pedestrian safety.
 
PRIOR LEGISLATIVE HISTORY:
2022: S 8430-A Passed Senate; A09564A referred to Judiciary
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S1305: 881 real property actions and proceedings law