RPA - Real Property Actions & Proceedings
- Article 1 - (101 - 131) SHORT TITLE; DEFINITIONS; JURISDICTION OF CERTAIN ACTIONS; CONSTRUCTION OF ACT
- Article 2 - (201 - 241) GENERAL PROVISIONS GOVERNING REAL PROPERTY ACTIONS
- 201 - State tax commission, state or industrial commissioner as defendant in certain real property actions.
- 202 - Pleading interest of the state.
- 202-A - Pleading interest of a city.
- 203 - Judgment in action adversely affecting the title, interest or claim of the state based upon tax deed.
- 211 - Prevention of waste or damage during pendency.
- 221 - Compelling delivery of possession of real property.
- 231 - Sale; notice of; when and how conducted.
- 232 - Purchases by certain officers prohibited; penalty.
- 241 - Persons bound by judgment in certain actions.
- Article 3 - (301 - 351) PROVISIONS RELATING TO EVIDENCE
- 301 - Conveyance and record as evidence.
- 311 - Presumption of possession from legal title.
- 321 - Proof of ownership of unoccupied lands and timber thereon.
- 331 - Proof of lost execution or writ after sheriff's sale of real property.
- 341 - Recitals as to heirships in conveyances.
- 342 - Recitals in judgments affecting title to real property as evidence.
- 351 - Evidence as to common lands in the city of New York.
- Article 4 - (401 - 406) VALUING INTERESTS IN REAL PROPERTY
- Article 5 - (501 - 551) ADVERSE POSSESSION
- 501 - Adverse possession; defined.
- 511 - Adverse possession under written instrument or judgment.
- 512 - Essentials of adverse possession under written instrument or judgment.
- 521 - Adverse possession not under written instrument or judgment.
- 522 - Essentials of adverse possession not under written instrument or judgment.
- 531 - Adverse possession, how affected by relation of landlord and tenant.
- 541 - Adverse possession, how affected by relation of tenants in common.
- 543 - Adverse possession; how affected by acts across a boundary line.
- 551 - Right of person to possession not affected by descent cast.
- Article 6 - (601 - 661) ACTION TO RECOVER REAL PROPERTY
- 601 - Damages for withholding real property obtainable in action to recover possession; set-off by defendant.
- 611 - Where action cannot be maintained: dower; property not exceeding six inches in width; by mortgagee.
- 612 - Where action cannot be maintained; action based on reverter or breach of condition subsequent.
- 621 - Separate action by joint tenant or tenant in common.
- 623 - Action by grantee of lands held adversely.
- 625 - Action by reversioner or remainderman after tenant's default.
- 631 - Defendants.
- 633 - Action against co-tenant; ouster to be proved.
- 635 - Action against occupants of apartments.
- 637 - Action against one defendant subject to rights of others.
- 641 - Complaint.
- 651 - Expiration of plaintiff's title before trial.
- 653 - Judgment to state plaintiff's estate.
- 661 - Liability of purchaser pending an action.
- Article 7 - (701 - 767) SUMMARY PROCEEDING TO RECOVER POSSESSION OF REAL PROPERTY
- 701 - Jurisdiction; courts; venue.
- 711 - Grounds where landlord-tenant relationship exists.
- 713 - Grounds where no landlord-tenant relationship exists.
- 713-A - Special proceeding for termination of adult home and residence for adults admission agreements.
- 715 - Grounds and procedure where use or occupancy is illegal.
- 721 - Person who may maintain proceeding.
- 731 - Commencement; notice of petition.
- 732 - Special provisions applicable in non-payment proceeding if the rules so provide.
- 733 - Time of service; order to show cause.
- 734 - Notice of petition; service on the Westchester county department of social services.
- 735 - Manner of service; filing; when service complete.
- 741 - Contents of petition.
- 743 - Answer.
- 745 - Trial.
- 746 - Stipulations.
- 747 - Judgment.
- 747-A - Judgments; stays.
- 749 - Warrant.
- 751 - Stay upon paying rent or giving undertaking; discretionary stay outside city of New York.
- 753 - Stay where tenant holds over in premises occupied for dwelling purposes in city of New York.
- 755 - Stay of proceeding or action for rent upon failure to make repairs.
- 756 - Stay of summary proceedings or actions for rent under certain conditions.
- 761 - Redemption by lessee.
- 763 - Redemption by creditor of lessee.
- 765 - Effect of redemption upon lease.
- 767 - Order of redemption; liability of persons redeeming.
- Article 7-A - (769 - 783) SPECIAL PROCEEDINGS BY TENANTS OF DWELLINGS IN THE CITY OF NEW YORK AND THE COUNTIES OF NASSAU, SUFFOLK, ROCKLAND AND WESTCHESTER FOR JUDG
- 769 - Jurisdiction; court; venue.
- 770 - Grounds for the proceeding.
- 771 - Commencement; notice of petition; time and manner of service.
- 772 - Contents of petition.
- 773 - Answer.
- 774 - Trial.
- 775 - Defenses.
- 776 - Judgment.
- 777 - Application by mortgagee or lienor of record or other person having an interest in the property.
- 778 - Appointment of administrator.
- 779 - Presentation or settlement of accounts.
- 780 - Waiver void.
- 781 - "Owner" defined.
- 782 - "Dwelling" defined.
- 783 - Defense of warranty of habitability inapplicable.
- Article 7-B - (790 - 795) SPECIAL PROCEEDING FOR THE REMOVAL OF ABANDONED MANUFACTURED HOMES
- Article 8 - (801 - 881) WASTE AND OTHER ACTIONS AND RIGHTS OF ACTION FOR INJURY TO REAL PROPERTY
- 801 - Who liable to action for waste.
- 803 - Alterations or replacements of structures by person having estate for life or years.
- 811 - Action for waste by heir, devisee or grantor of reversion.
- 812 - Action for waste by ward against guardian.
- 813 - Action for waste by grantee of real property sold under execution.
- 815 - Judgment in action for waste against tenant of particular estate.
- 817 - Action for waste against joint tenant or tenant in common.
- 821 - View in action for waste.
- 831 - Action by reversioner or remainderman.
- 833 - Recovery of fee damages by the owner of a possessory estate for life or for years.
- 841 - Action for nuisance.
- 843 - Fences and structures, when private nuisance.
- 851 - Action against certain persons holding over as trespassers.
- 853 - Action for forcible or unlawful entry or detainer; treble damages.
- 861 - Action for cutting, removing, injuring or destroying trees or timber, and damaging lands thereon.
- 871 - Action for the removal of encroaching structures.
- 881 - Access to adjoining property to make improvements or repairs.
- Article 9 - (901 - 992) ACTION FOR PARTITION
- 901 - By whom maintainable.
- 903 - Necessary defendants.
- 904 - Permissible defendants.
- 905 - Complaint.
- 907 - Trial of title or interest.
- 911 - Ascertainment of rights of parties before interlocutory judgment on default or admission or where party is an infant, absentee or unknown defendant.
- 913 - Inquiry as to creditors.
- 915 - Interlocutory judgment.
- 916 - Interlocutory judgment directing partial partition.
- 917 - Interlocutory judgment directing partition in common.
- 918 - Interlocutory judgment directing sale or exception of lien or dower interest.
- 919 - Interlocutory judgment directing credit on sale.
- 921 - Actual partition.
- 922 - Meeting of commissioners; report of actual partition; confirming or setting aside report.
- 923 - Security for credit on sale.
- 925 - Report of sale; confirmation.
- 927 - Contents of judgment after actual partition.
- 928 - Effect of judgment after actual partition.
- 929 - Lien of creditor upon share partitioned.
- 931 - Contents of judgment after sale.
- 933 - Effect of judgment after sale.
- 941 - Judgment as to parties having interest in entire property.
- 943 - Judgment directing compensation to equalize partition.
- 945 - Judgment adjusting rents and profits.
- 947 - Judgment affecting state tax claim.
- 951 - Recording of judgment.
- 961 - Disposition of proceeds of sale.
- 962 - Payment of proceeds into court where there are liens.
- 963 - Payment of proceeds out of court where there are liens.
- 964 - Payment of proceeds into court in cases involving decedent's property.
- 965 - Payment of proceeds out of court in cases involving decedent's property.
- 966 - Payment of proceeds directly to parties in cases involving decedent's property.
- 967 - Payment of proceeds to owner of particular or future estate.
- 968 - Manner of payment of proceeds to owner of particular or future estate.
- 969 - Shares of infant, incompetent or conservatee.
- 970 - Shares of unknown or absent owner.
- 971 - Security for refund.
- 973 - Report of disposition of proceeds.
- 981 - Costs and expenses.
- 991 - Proceeding for share of unknown heirs; presumption of death; service.
- 992 - Judgment in proceeding for share of unknown heirs.
- Article 10 - (1001 - 1093) ACTION FOR DOWER
- 1001 - Limitation of action for dower.
- 1002 - Action barred by assignment of dower.
- 1011 - Necessary defendants.
- 1012 - Who may be joined as defendants.
- 1013 - Actions where defendants claim in severalty.
- 1021 - Damages may be recovered; how estimated.
- 1022 - Damages in action against alienee of husband.
- 1023 - Damages where several parcels are affected.
- 1024 - Damages apportioned between heir and alienee.
- 1025 - Damages against grantee of premises subject to dower.
- 1031 - Complaint.
- 1041 - Interlocutory judgment for admeasurement.
- 1043 - Dower, how admeasured.
- 1044 - Report thereupon.
- 1045 - Setting aside report.
- 1051 - Fees and expenses.
- 1052 - Fees of surveyor or commissioner in action for dower.
- 1061 - Final judgment.
- 1062 - Plaintiff may recover sum awarded; court may modify judgment.
- 1063 - Junior incumbrances; not affected by admeasurement.
- 1064 - Appeal not to stay execution if undertaking is given.
- 1071 - Plaintiff may consent to receive a gross sum.
- 1072 - Defendant may consent to pay it; proceedings thereupon.
- 1073 - Interlocutory judgment for sale.
- 1074 - Direction that a part be laid off.
- 1075 - Liens to be ascertained.
- 1076 - Satisfaction or protection of lien.
- 1077 - Payment of taxes, assessments and water rates out of proceeds.
- 1078 - Report of sale.
- 1079 - Final judgment upon confirming sale.
- 1081 - Certain provisions made applicable.
- 1091 - Action to recover property by revisioner or remainderman, after determination of particular estate.
- 1093 - Collusive recovery not to prejudice infant.
- Article 11 - (1101 - 1143) PROCEEDING TO DISCOVER THE DEATH OF A TENANT FOR LIFE
- 1101 - Petition for production of tenant for life.
- 1102 - Contents of petition.
- 1103 - Service of petition and notice.
- 1104 - Proceedings upon presentation of petition.
- 1105 - Service of order; powers of court or referee.
- 1106 - Habeas corpus.
- 1107 - Report of referee.
- 1111 - Dismissal of petition when order complied with.
- 1112 - When life tenant deemed dead and petitioner let into possession.
- 1121 - Commission to be issued if life tenant is without the state.
- 1122 - General provisions respecting the commission.
- 1123 - Petitioner to give notice of its execution.
- 1124 - Execution thereof.
- 1125 - Proceedings on return of commission.
- 1131 - Costs.
- 1141 - Property; when restored.
- 1142 - Remedy of person evicted for rents and profits.
- 1143 - Order not conclusive in ejectment.
- Article 12 - (1201 - 1221) OTHER ACTIONS AND PROCEEDINGS BETWEEN CO-OWNERS OR OWNERS OF SUCCESSIVE INTERESTS
- 1201 - Action by joint tenant or tenant in common; may maintain action against co-tenant.
- 1211 - Action by joint tenant, tenant in common or tenant by the entirety for extinguishment of missing co-tenant's estate upon deposit of its value.
- 1221 - Action to sell preemptive rights against the city of New York.
- Article 13 - (1301 - 1391) ACTION TO FORECLOSE A MORTGAGE
- 1301 - Separate action for mortgage debt.
- 1302 - Foreclosure of high-cost home loans and subprime home loans.
- 1303 - Foreclosures; required notices.
- 1304 - Required prior notices.
- 1305 - Notice to tenants.
- 1306 - Filing with superintendent.
- 1307 - Duty to maintain foreclosed property.
- 1311 - Necessary defendants.
- 1312 - Representative defendants.
- 1313 - Permissible defendants.
- 1315 - Action by owner of junior participating interest.
- 1320 - Special summons requirement in private residence cases.
- 1321 - Default or admission.
- 1325 - Receiver.
- 1331 - Notice of pendency.
- 1341 - Payment into court of amount due.
- 1351 - Judgment of sale.
- 1352 - Judgment foreclosing right of redemption.
- 1353 - Conveyance.
- 1354 - Distribution of proceeds of sale.
- 1355 - Report of sale; confirmation.
- 1361 - Application for surplus; reference.
- 1362 - Payment of surplus out of court.
- 1371 - Deficiency judgment.
- 1391 - Proceeding for share of unknown heirs.
- Article 15 - (1501 - 1551) ACTION TO COMPEL THE DETERMINATION OF A CLAIM TO REAL PROPERTY
- 1501 - Who may maintain an action.
- 1503 - Action to determine claims where foreclosure of mortgage was void or voidable.
- 1511 - Additional parties.
- 1513 - Guardians ad litem.
- 1515 - Complaint.
- 1517 - Answer.
- 1519 - Proceedings.
- 1521 - Judgment.
- 1522 - Accounting in certain cases.
- 1523 - Judgment of foreclosure in certain cases.
- 1531 - Effect of judgment.
- 1541 - Article applies to corporations and to the people of the state of New York.
- 1551 - Effect of article.
- Article 16 - (1601 - 1651) JUDICIAL AUTHORIZATION OF SALE, LEASE, MORTGAGE, ACQUISITION, EXCHANGE OR VOLUNTARY PARTITION
- 1601 - Application by trustee for court authorization to mortgage, to lease, to sell, to acquire or to exchange real property or for confirmation of a lease
- 1602 - Application by owner of present or future interest for court authorization to mortgage, to lease or to sell real property.
- 1603 - Court to which application is to be made.
- 1604 - When application shall be granted.
- 1605 - Contents of petition.
- 1606 - Notice of application.
- 1607 - Service of notice upon presumptive members of class.
- 1608 - Guardians ad litem.
- 1609 - Final order upon the application.
- 1610 - Final order authorizing acquisition or exchange of land or confirming lease; execution and binding force.
- 1611 - Final order; appointment of referee.
- 1612 - Report of agreement for confirmation.
- 1613 - Order of confirmation; contents and subsequent procedures.
- 1614 - Binding force of mortgage, sale or lease duly made with judicial approval.
- 1615 - Date of creation of affected interests.
- 1616 - Application to compensation arising out of appropriation of real property by the state.
- 1641 - Executors', fiduciaries' and trustees' conveyances to certain corporations in exchange for certain stocks and bonds authorized and regulated.
- 1651 - Proceedings for voluntary partition of infant's, incompetent's or conservatee's real property.
- Article 17 - (1701 - 1766) SPECIAL PROCEEDING FOR DISPOSITION OF REAL PROPERTY OF INFANT, INCOMPETENT OR CONSERVATEE
- 1701 - Definitions.
- 1711 - Grounds.
- 1712 - By whom maintainable.
- 1721 - Notice of petition.
- 1722 - Contents of petition.
- 1731 - Infant, incompetent or conservatee a ward of court.
- 1741 - Reference.
- 1742 - Appraisal.
- 1743 - Judgment.
- 1744 - Security.
- 1745 - Report and confirmation of agreement and of conveyance.
- 1746 - When particular estates to be included in disposition.
- 1747 - When reversionary estates to be included in sale.
- 1751 - Sale contrary to will or conveyance prohibited.
- 1753 - Effect of disposition.
- 1755 - Proceeds of sale deemed real property.
- 1761 - Distribution of proceeds of disposition.
- 1762 - Distribution of proceeds to owner of particular or reversionary estate.
- 1763 - Distribution of proceeds upon release of inchoate right of dower.
- 1764 - Distribution of proceeds where there is an interest of an infant not in being.
- 1765 - Distribution of proceeds to guardian of infant, committee of incompetent or conservator of conservatee.
- 1766 - Distribution of proceeds on death of infant, incompetent or conservatee.
- Article 18 - (1801 - 1808) SPECIAL PROCEEDING FOR RELEASE OF CLAIM AGAINST STATE OF INFANT OR INCOMPETENT FOR APPROPRIATION OF REAL PROPERTY
- Article 19 - (1901 - 1955) DISCHARGE OR EXTINGUISHMENT OF ENCUMBRANCES, CLAIMS AND INTERESTS
- 1901 - Release of rents reserved by leases in perpetuity.
- 1911 - Action to extinguish inchoate right of dower.
- 1921 - Discharge of mortgage.
- 1921-A - Partial release from lien of mortgaged premises.
- 1931 - Discharge of record of ancient mortgages presumed paid.
- 1932 - Discharge of record of ancient mortgage where time of maturity is dependent on contingent event related to use of premises.
- 1933 - When county clerk or register to discharge mortgage of record.
- 1941 - When special proceeding to quiet title may be maintained.
- 1942 - Petition in special proceeding to quiet title.
- 1943 - Order for publication of notice to persons interested.
- 1944 - Hearing and final order upon non-appearance of adverse claimants.
- 1945 - Hearing and final order upon appearance of adverse claimants.
- 1946 - Notice of pendency to be filed and recorded.
- 1951 - Extinguishment of non-substantial restrictions on the use of land.
- 1953 - Effect of certain special limitations and conditions subsequent.
- 1954 - Action to limit existing possibilities of reverter and rights of entry restricting the use of land.
- 1955 - Modification or extinguishment of certain restrictions on the use of land held for charitable purposes.
- Article 19-A - (1970 - 1974) SPECIAL PROCEEDING TO CONVEY TITLE TO ABANDONED DWELLING TO CITY, TOWN OR VILLAGE
- Article 20 - (2001) ENFORCEMENT OF COVENANTS AND EASEMENTS; RECOVERY OF DAMAGES FOR BREACH OF COVENANT OR INJURY TO EASEMENT
- Article 21 - (2101 - 2111) EFFECTIVE DATE; LAWS REPEALED