Legal Question in Real Estate Law in New York

Letting a neighbor on to my property to do work on his home

I recently asked a question whether or not I can stop a neighbor from access my property to do work on their home. An Attorney wrote back saying absolutely not, I do not have to let them onto my property. I found further that although the Attorney is correct, Section 811 of the NY State real property law, the law states that if the owner of the home has a legitimate repair and needs access, I must allow them access only if this process occurs first: they must first ask me the home onwer, if i said no they have an option to go into state supreme court and state their case under section 811 to make necessary repairs. The court can grant them access only for the repairs. Under the agreement or license to enter, the home owner that is coming onto my property under the law assumes all liabilities for damages or injuries when on my property. I can see that this is fair. I allowed my neighbor to access without the process saving them about 900.00 in attorney fees. Boy, i am the good neighbor after all the bad things they did to us. Just an FYI


Asked on 5/17/07, 10:02 am

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Re: Letting a neighbor on to my property to do work on his home

Thank you for the update.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.

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Answered on 5/17/07, 3:02 pm


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