Legislative record

Access Adjoining Property to Repair or Maintain

The act creates a process for an owner of a single-family residence to petition a district court for limited access to an adjoining property to complete repairs or maintenance to the single-family residence if the owner of the adjoining property has denied such access. The owner of a single-family residence is encouraged to engage the adjoining property owner in alternative dispute resolution, such as mediation, prior to petitioning the court. In petitioning the court, the owner of a single-family residence must demonstrate that they have made reasonable efforts to obtain permission from the adjoining property owner to access the adjoining property. A petitioner must also specify the nature of the repairs or maintenance they seek to complete and describe why they cannot complete the repairs or maintenance without access to the adjoining property. If the court determines that access to the adjoining property is necessary to repair or maintain the petitioner's property and will not negatively affect an easement on the adjoining property, the court shall grant access to the adjoining property as necessary to allow completion of the repair or maintenance and shall prescribe the conditions and duration of the petitioner's access. The act does not apply to an adjoining property that is owned or controlled by the federal government, the state, or a political subdivision of the state.(Note: This summary applies to this bill as enacted.)