HB 459

Abstract

Providing access to adjoining property to makeimprovements or repairs. Allows an owner or lessee of real propertywho seeks to improve, repair, or maintain his property, and the propertyis so situated that it is impossible to perform the improvements,repairs, or maintenance without entering adjoining property and permissionto enter the adjoining property has been denied, to petition thecircuit court for a license to enter the adjoining property for thepurpose of performing the improvements, repairs, or maintenance.The petition and affidavits, if any, shall state the facts making such entry necessary and the date or dates on which entry is sought.The bill provides that such license shall be granted by the courtin an appropriate case upon such terms as justice requires. Any such entry shall not be deemed a trespass and the licensee shall be liableto the adjoining owner or his lessee for actual damages occurringas a result of the entry.