§ 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.

Terms Used In N.Y. Real Property Actions and Proceedings Law 871

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Statute: A law passed by a legislature.

2. This section shall not be deemed to repeal or modify any existing statute or local law relating to encroaching structures.