Bill > A528

Introduced Session

This bill would permit an owner attempting to make improvements or repairs to his property to enter an adjoining property without being deemed guilty of criminal trespass or incurring liability for civil trespass. Before the owner can enter the adjoining property, he must have requested and been denied permission to enter the adjoining property from its owner. Under the bill, the owner making improvements or repairs must notify the chief law enforcement officer of the municipality in which the adjoining property is located of his plans to enter the adjoining property and demonstrate that he has requested and been denied permission to enter the adjoining property. The owner must also post a $1,000 bond with the chief law enforcement officer of the municipality in which the adjoining property is located to protect the adjoining owner from potential actual property damage caused by the entry. If the municipality does not have a local police force, the owner would be required to notify and post a bond with the chief law enforcement officer of the nearest State Police station. Under this bill, work cannot continue on the adjoining property for more than 30 days and material or tools cannot remain on the adjoining property for more than eight hours in any one day. The neighbor must make his entry expeditiously and with due care to prevent damage to the land, buildings, or structures of the adjoining property and restore the adjoining property to the condition it was in prior to the entry.

AI Summary

Committee Categories

John DiMaio (R)*,  Jay Webber (R), 

Introduced, Referred to Assembly Housing and Community Development Committee (on 01/09/2018)