Title RPA, Real Property Actions & Proceedings

§ 1541. Article applies to corporations and to the people of the state\nof New York. An action may be maintained, as prescribed in this article,\nby or against a corporation, or by or against an unincorporated\nassociation, as if it were a natural person, or such an action may b…

§ 1551. Effect of article. Nothing contained in this article shall be\nconstrued to limit any other remedy in law or equity.\n

§ 1601. Application by trustee for court authorization to mortgage, to\nlease, to sell, to acquire or to exchange real property or for\nconfirmation of a lease of real property. 1. When the assets of a trust\ninclude an interest in real property, the trustee may apply to the cou…

§ 1602. Application by owner of present or future interest for court\nauthorization to mortgage, to lease or to sell real property. When the\nownership of real property is divided into one or more possessory\ninterests and one or more future interests, the owner of any interest …

§ 1603. Court to which application is to be made. An application made\npursuant to the provisions of either section 1601 or section 1602 shall\nbe made to a term of the supreme court held within the judicial district\nin which the real property, or a part thereof, is situated.\n…

§ 1604. When application shall be granted. The court to which an\napplication has been duly made pursuant to the provisions of either\nsection 1601 or section 1602 is authorized to grant such application\nupon such terms as to it shall seem proper, if satisfied from the\nproceed…

§ 1605. Contents of petition. An application made pursuant to the\nprovisions of either section 1601 or section 1602 shall be by duly\nverified petition which must contain the following:\n 1. A description of the affected real property with reasonable\ncertainty;\n 2. A specific…

§ 1606. Notice of application. 1. The notice of an application made\npursuant to the provisions of either section 1601 or section 1602 shall\nbe given to each person in being who has an interest in the affected\nreal property, or in the proceeds to be derived therefrom upon a\nd…

§ 1607. Service of notice upon presumptive members of class. When an\ninterest in the affected real property has been limited to a class,\nservice of the notice of the application upon those persons in being who\nare the presumptive members of such class at the moment immediatel…

§ 1608. Guardians ad litem. 1. On the return day of the motion made\npursuant to the provisions of either section 1601 or section 1602 the\ncourt shall appoint a guardian ad litem for any minor or other person\nunder disability who is a party to the proceeding and is not represe…

§ 1609. Final order upon the application. After taking proof of the\nfacts, either before the court or a referee, and hearing the parties and\nfully examining into the matter, the court must make a final order upon\nthe application. In case the application is granted in whole or…

§ 1610. Final order authorizing acquisition or exchange of land or\nconfirming lease; execution and binding force. When the final order\nauthorizes the acquisition or exchange of land, the trustee, upon whose\napplication the order was made, shall execute the provisions of such\…

§ 1611. Final order; appointment of referee. When the final order\nauthorizes a mortgage, lease or sale upon the application of a person\nwho is not trustee, the court in such final order must appoint a referee\nto execute the authorized transaction. When the application has bee…

§ 1612. Report of agreement for confirmation. Before a mortgage, lease\nor sale is made pursuant to a final order described in section 1609, the\ntrustee or referee must enter into an agreement therefor, subject to the\napproval of the court, and must report this agreement to th…

§ 1613. Order of confirmation; contents and subsequent procedures. 1.\nWhen the agreement reported to the court pursuant to the provisions of\nsection 1612 appears to the court to conform in all particulars to the\nfinal order authorizing the transaction, an order shall be made\…

§ 1614. Binding force of mortgage, sale or lease duly made with\njudicial approval. A mortgage, lease or conveyance duly executed and\ndelivered in accordance with an order of confirmation, made pursuant to\nthe provisions of section 1613, binds the interests of the applicant\nt…

§ 1615. Date of creation of affected interests. The procedure\nauthorized by sections 1601 through 1614 shall apply equally to\ninterests created on or after September 1, 1937; to interests created\nbefore that date but subsequent to the enactment of some statute,\nreplaced by f…

§ 1616. Application to compensation arising out of appropriation of\nreal property by the state. 1. The procedure authorized by sections 1601\nthrough 1614 as to a sale of real property, covering all created\ninterests as mentioned therein and qualified in section 1615, shall, s…

§ 1641. Executors', fiduciaries' and trustees' conveyances to certain\ncorporations in exchange for certain stocks and bonds authorized and\nregulated. 1. Whenever an executor, trustee, guardian of an infant,\ncommittee of a person incompetent to manage himself or his affairs,\n…

§ 1651. Proceedings for voluntary partition of infant's, incompetent's\nor conservatee's real property. 1. Where an infant, person with a mental\ndisability, or conservatee holds real property, in joint tenancy or in\ncommon, the general guardian of the infant, or the committee …

§ 1701. Definitions. As used in this article:\n 1. The term "incompetent person" means a person incompetent to manage\nhis affairs of whose property a committee has been appointed pursuant to\nsection 78.07 of the mental hygiene law.\n 2. The term "conservatee" means a person wh…

§ 1711. Grounds. In any of the following cases, a special proceeding\nmay be maintained to dispose of the real property or an interest in real\nproperty of an infant, incompetent person or conservatee.\n 1. Where his personal property, together with the income of the real\nprope…

§ 1712. By whom maintainable. The special proceeding may be maintained\nby the general or testamentary guardian of the property of the infant,\nby the committee of the property of the incompetent person or the\nconservator of the property of the conservatee, or by any relative o…

§ 1721. Notice of petition. Notice of petition shall be given, in the\ndiscretion of the court, to such persons and in such manner as the court\nmay direct. If the proceeding affects the interest of an incompetent\nperson or of a conservatee, notice shall be given to either the\…

§ 1722. Contents of petition. The petition shall state:\n 1. The name, age and residence of the infant, incompetent person or\nconservatee.\n 2. The grounds of the proceeding.\n 3. A description of the real property or interest to be disposed of\nand of the incumbrance, if any, …

§ 1731. Infant, incompetent or conservatee a ward of court. From the\ntime of the filing of a petition, by or in behalf of an infant,\nincompetent person or conservatee, praying for an order to dispose of\nhis real property, or interest in real property, the infant, incompetent\…

§ 1741. Reference. 1. The court may appoint a referee to receive\nevidence and report his opinion thereon.\n 2. The referee's report shall include conclusions as to: what, if any,\nform, terms and conditions of disposition of the real property or\ninterest would be beneficial to…

§ 1742. Appraisal. When the court deems it necessary for the\nprotection of the interests of the infant, incompetent person or\nconservatee, it may appoint a competent, disinterested person as\nappraiser, who after taking an oath fairly to appraise the real\nproperty, shall go u…

§ 1743. Judgment. The judgment may direct that the real property, or\ninterest in real property, or a part thereof, be disposed of by the\nguardian, committee or conservator and contain directions respecting the\ntime, manner and conditions of the disposition.\n

§ 1744. Security. 1. Before the guardian, committee or conservator\nexecutes and delivers the deed, mortgage, release or lease pursuant to\nthe judgment or receives any portion of the proceeds arising from the\ntransaction, he shall give security for the faithful performance of …

§ 1745. Report and confirmation of agreement and of conveyance. 1.\nBefore disposition of the property can be made pursuant to the judgment,\nthe guardian, committee or conservator must enter into an agreement\ntherefor, subject to the approval of the court, and must report the\…

§ 1746. When particular estates to be included in disposition. When\nthe real property, or interest in real property, directed to be sold is\nsubject, absolutely or contingently, to a right of dower or an estate\nfor life, or for years, in the whole or any part thereof, the pers…

§ 1747. When reversionary estates to be included in sale. When the\ninterest of the infant, incompetent person or conservatee, consists of a\nright of dower or an estate for life, or for years, the judgment may\nauthorize the guardian, committee or conservator to join, with the\…

§ 1751. Sale contrary to will or conveyance prohibited. Real property,\nor an interest in real property, shall not be disposed of, as prescribed\nin this article, contrary to the provisions of a will by which it was\ndevised, or of a conveyance or other instrument by which it wa…

§ 1753. Effect of disposition. A deed, mortgage, release or lease\nmade in good faith, as prescribed in this article, upon an application\nin behalf of an infant, incompetent person or conservatee, has the same\nvalidity and effect as if executed by the person in whose behalf it…

§ 1755. Proceeds of sale deemed real property. A sale of real\nproperty, or of an interest in real property other than a possibility of\nreverter, of an infant or incompetent person, does not give to the\ninfant or incompetent person any other or greater interest in the\nproceed…

§ 1761. Distribution of proceeds of disposition. 1. After the\ndisposition of real property as provided in this article, the court\nshall direct the distribution of the proceeds.\n 2. The court shall direct the payment from the proceeds of all debts,\nin equal proportion, withou…

§ 1762. Distribution of proceeds to owner of particular or\nreversionary estate. 1. When real property has been disposed of so as to\ninclude a particular reversionary estate, as provided in sections 1746\nand 1747, the court shall direct that the value of such estate be paid\nf…

§ 1763. Distribution of proceeds upon release of inchoate right of\ndower. Where an inchoate right of dower is released as prescribed in\nthis article and such release is to accompany a sale by the husband of\nthe property to which the inchoate right of dower attaches, the court…

§ 1764. Distribution of proceeds where there is an interest of an\ninfant not in being. In case by any contingency, infants not in being\nmay thereafter become possessed of any interest in the real property\ndisposed of, the court, in case of a sale, shall cause the proceeds of\…

§ 1765. Distribution of proceeds to guardian of infant, committee of\nincompetent or conservator of conservatee. 1. Proceeds or income of\nproceeds invested as provided in subdivision 3 of section 1761 may be\npaid on order of court on such undertaking as it may require.\n 2. If…

§ 1766. Distribution of proceeds on death of infant, incompetent or\nconservatee. If the infant should die before arriving at full age, or\nthe incompetent person should die before the incompetency is removed, or\nthe conservatee should die before the conservatorship is terminat…

§ 1801. Grounds. In any case, where the person entitled to\ncompensation from the state, by reason of the appropriation by the state\nof real property, or of any easement therein, or of a term, estate,\ninchoate right of dower, or other right or interest in real property,\nand o…

§ 1802. By whom maintained. 1. Except as provided in subdivision two,\nthe special proceeding may be maintained only by the general or\ntestamentary guardian or guardian appointed by deed of the property of\nthe infant, or by the committee of the property of the incompetent\nper…

§ 1803. Notice of petition. Notice of petition shall be given, in the\ndiscretion of the court, to such persons and in such manner as the court\nmay direct.\n

§ 1804. Contents of petition. The petition shall state: 1. The name\nand residence of the petitioner, the facts concerning his appointment\nand qualification as a person by whom the proceeding is maintainable,\nand a statement as to the amount of any existing undertaking given b…

§ 1805. Security. On presentation of the petition, where the value of\nthe claim exceeds one thousand dollars, the court shall fix the amount\nof security or additional security, if any, to be given by such general\nor testamentary guardian, committee or conservator, for the fai…

§ 1806. Judgment. Upon examining into the truth of the allegations of\nthe petition, and hearing the allegations and proofs of the parties,\npresented orally or by affidavit, as to the value of the interest of the\ninfant, incompetent person or conservatee in the property so\nap…

§ 1807. Payment of compensation; release. 1. Upon the payment of such\ncompensation by the state in the manner provided by the judgment, the\nstate shall be released of and from any and all claims, damages and\nliability arising from or growing out of such appropriation, and in …

§ 1808. Distribution of proceeds of compensation. 1. Where\ncompensation exceeds one thousand dollars, it shall be deemed property\nof the same nature, and the disposition thereof shall be made in the\nsame manner, as the disposition of proceeds of a sale, mortgage, release\nor …