Once effective, the law lets homeowners seek court approval for necessary repair access when neighbors refuse permission, except on property owned or controlled by government.
Once effective, the law lets homeowners seek court permission for necessary repairs or maintenance when neighbors refuse access. Neighboring property owned or controlled by government is excluded.
Courts must approve necessary access that does not harm existing legal rights to use the neighbor’s land. Judges set its duration and may require payment or protection against harm.
Covered homeowners can ask the district court in the county where the properties are located for permission to enter neighboring property. This covers owners of detached private homes and row houses joined by common sidewalls. Neighboring property owned or controlled by federal, state, or local government is excluded. Repairs or maintenance cannot reasonably be completed without entering the neighboring property. Homeowners must explain the work, show why entry is needed, and prove reasonable efforts to get permission. The neighbor must deny access verbally or in writing, or fail to respond within 60 days of receiving written notice sent by certified mail. Mediation is encouraged. Neighbors may present evidence that entry is unnecessary. The act takes effect the day after 90 days from final adjournment (August 12, 2026, if adjournment was May 13). A timely referendum petition delays challenged provisions until approval at the November 2026 election and the governor’s official declaration of the vote.
Courts must grant necessary access when the conditions are met and set its terms and duration. These rules cover access for repairs or maintenance by owners of detached homes and row houses. They exclude neighboring property owned or controlled by government. The court must find that entry is necessary and will not harm any easement, meaning a legal right to use the neighboring property. The court may require advance notice, reasonable payment to the neighbor, and insurance or a bond—a financial guarantee—to cover property damage, injury, or death. The court may impose other conditions it considers necessary.
No hearings or votes scheduled.