Title RPA, Real Property Actions & Proceedings

§ 1901. Release of rents reserved by leases in perpetuity. 1. Any person interested in lands held under a lease in perpetuity, upon which no rent has been paid for at least twenty years, may present his petition to the courts mentioned in this section asking that it be declared …

§ 1911. Action to extinguish inchoate right of dower. 1. An owner of\nland subject to an inchoate right of dower may maintain an action in the\nsupreme court against the possessor of such right to have the right\nextinguished. In such action the court shall find the present cash…

§ 1921. Discharge of mortgage. 1. (a) After payment of authorized\nprincipal, interest and any other amounts due thereunder or otherwise\nowed by law has actually been made, and in the case of a credit line\nmortgage as defined in section two hundred eighty-one of the real\nprop…

§ 1921-a. Partial release from lien of mortgaged premises. 1. Whenever the owner of mortgaged property situate in this state shall be entitled, pursuant to the terms of the mortgage encumbering such property, to obtain the release of a portion thereof from the lien of such mortg…

§ 1931. Discharge of record of ancient mortgages presumed paid. 1. The mortgagor, his heirs or any person having any interest in any lands described in any mortgage of real estate in this state, which is recorded in this state, or mentioned in a deed recorded in this state, and …

§ 1932. Discharge of record of ancient mortgage where time of maturity is dependent on contingent event related to use of premises. 1. The lien of every mortgage or conveyance of real estate in this state given as security for the payment of money, recorded more than seventy-fiv…

§ 1933. When county clerk or register to discharge mortgage of record. The county clerk, upon being furnished with an order discharging a mortgage of record, as provided in section 1931 or section 1932, and, in the city of New York, the register, upon being furnished with a cert…

§ 1941. When special proceeding to quiet title may be maintained. Whenever real property shall have been conveyed by a sheriff or referee, pursuant to a judicial decree, which decree has been lost or destroyed, and the defendants (other than lienors or incumbrancers) named in th…

§ 1942. Petition in special proceeding to quiet title. 1. A person or persons, desiring to institute a proceeding under section nineteen hundred forty-one, must present a petition to the supreme court at a special term to be held in the judicial district in which the real proper…

§ 1943. Order for publication of notice to persons interested. Upon the presentation of such petition, duly verified, the said court shall make an order for the publication of a notice requiring all persons claiming any interest in the real property described in such petition to…

§ 1944. Hearing and final order upon non-appearance of adverse claimants. Upon the return day named in said notice the court shall proceed summarily to inquire into the truth of the matters set forth in the petition, and may appoint a referee for that purpose, and if there shall…

§ 1945. Hearing and final order upon appearance of adverse claimants. If any person shall appear on the return day of said notice and claim in writing an interest in the real property adverse to that of the petitioners, stating the nature of his claim and his place of residence,…

§ 1946. Notice of pendency to be filed and recorded. No final order pursuant to section 1944 or section 1945 shall be made until the petitioners named in said proceedings, or their attorney, shall file in the clerk's office of the county in which such real property is situated a…

§ 1951. Extinguishment of non-substantial restrictions on the use of land. 1. No restriction on the use of land created at any time by covenant, promise or negative easement, or created on or after September 1, 1958, by a special limitation or condition subsequent governed by se…

§ 1953. Effect of certain special limitations and conditions subsequent. 1. Except as provided in subdivision 4, a special limitation or condition subsequent created on or after September 1, 1958 shall be governed by this section in any case where it expressly or by necessary re…

§ 1954. Action to limit existing possibilities of reverter and rights of entry restricting the use of land. 1. This section shall apply to a special limitation or condition subsequent created prior to September 1, 1958 which would be subject to section 1953 if it had been create…

§ 1955. Modification or extinguishment of certain restrictions on the use of land held for charitable purposes. 1. Where land is held, whether or not in trust, for benevolent, charitable, educational, public or religious purposes and the use of such land is restricted to such pu…

§ 1970. Applicability. The department or agency of a city, town or village, responsible for the enforcement of the multiple dwelling law, the multiple residence law, or any other law, code or ordinance governing the occupancy and maintenance of residential property (hereinafter …

§ 1971. Certification of abandonment. 1. The department may make a finding that a dwelling is abandoned if: (a) In the case of an occupied dwelling, the owner has failed for a period of at least three consecutive months either to collect rent or to institute summary proceedings …

§ 1971-a. Destruction of abandoned dwellings. "Destruction of an abandoned dwelling" occurs when a person, having no right to do so or permission of the department or the owner to take, remove or otherwise damage the fixtures or the structure of the building, nor any reasonable …

§ 1972. Notice. 1. If the department proposes to institute proceedings pursuant to this article, it may file a copy of the certification and a notice of intention to commence such proceedings in the office of the clerk of the county in which the dwelling is located. Such notice …

§ 1973. Commencement of proceeding. 1. After all provisions of section nineteen hundred seventy-two of this article have been complied with, the department may commence a proceeding in a court of competent jurisdiction in the county in which the dwelling is located, to vest titl…

§ 1974. Decision and judgment of court. 1. If any party to the proceeding contests the issue of abandonment, the burden of proving that the dwelling is abandoned shall be upon the department, and the court shall make a finding based on the facts before it. 2. (a) Upon applicatio…

* § 1980. Applicability. The department or agency of a city, town, or village, responsible for the enforcement of the commercial building code, industrial building code, or any other law, code or ordinance governing the occupancy and maintenance of commercial or industrial real …

* § 1981. Certification of abandonment. 1. The department may make a finding that a commercial or industrial real property is abandoned if: (a) The owner of a commercial or industrial real property has failed for a period of at least three consecutive months either to collect re…

* § 1982. Notice. 1. If the department proposes to institute proceedings pursuant to this article, it may file a copy of the certification and a notice of intention to commence such proceedings in the office of the clerk of the county in which the commercial or industrial real p…

* § 1983. Commencement of proceeding. 1. After all provisions of section nineteen hundred eighty-two of this article have been complied with, the department may commence a proceeding in a court of competent jurisdiction in the county in which the commercial or industrial real pr…

* § 1984. Decision and judgment of the court. 1. If any party to the proceeding contests the issue of abandonment, the burden of proving that the commercial or industrial real property is abandoned shall be upon the department, and the court shall make a finding based on the fac…

§ 2001. Action to enforce certain covenants restricting use of land or for damages for breach to be brought within two years. 1. This section applies to actions to enforce a covenant or agreement restricting the use of land or to recover damages for breach thereof, including an …

§ 201. State tax commission, state or industrial commissioner as defendant in certain real property actions. In any action affecting real property upon which the state tax commission has a lien under the tax law or under a law enacted pursuant to the authority of the tax law or …

§ 2010. Enforcement of liens by a homeowners' association. At least ninety days prior to the commencement of a foreclosure action to enforce a lien for unpaid common charges, assessments, fees or fines owed to an incorporated homeowners' association, which is permitted pursuant …

§ 202. Pleading interest of the state. Where the state or any department, bureau, board, commission, council, officer, agency or instrumentality of the state is defendant in an action affecting real property, the complaint shall set forth: 1. Detailed facts showing the particula…

§ 202-a. Pleading interest of a city. Where a city or any department, bureau, board, commission, officer, agency or instrumentality thereof is a defendant in an action affecting real property, the complaint shall set forth: 1. Detailed facts showing the particular nature of the …

§ 203. Judgment in action adversely affecting the title, interest or claim of the state based upon tax deed. In any action affecting the title, or the possession, enjoyment or use of, real property in which one of the parties is the state, any judgment that may adversely affect …

§ 2101. Effective date. This act shall take effect September 1, 1963.

§ 211. Prevention of waste or damage during pendency. If, during the pendency of an action to recover a judgment affecting the title to, or the possession, use or enjoyment of, real property, a party commits waste upon, or does any other damage to, the property in controversy, t…

§ 2111. Laws repealed. The following sections of the real property law are hereby repealed: Section three, as added by chapter three hundred seventy-four of the laws of nineteen hundred twenty-two; Section seventy-two; Section one hundred ninety-a, as added by chapter sixteen of…

§ 221. Compelling delivery of possession of real property. Where a judgment affecting the title to, or the possession, enjoyment or use of, real property allots to any person a distinct parcel of real property, or contains a direction for the sale of real property, or confirms s…

§ 231. Sale; notice of; when and how conducted. 1. A sale of real property made in pursuance of a judgment affecting the title to, or the possession, enjoyment or use of, real property, shall be at public auction to the highest bidder. 2. (a) Notice of such sale shall be given b…

§ 232. Purchases by certain officers prohibited; penalty. No officer making a sale as prescribed in section 231, or guardian of an infant party, or any person for his benefit, directly or indirectly, shall purchase or be interested in the purchase of any of the property sold; ex…

§ 241. Persons bound by judgment in certain actions. In an action brought to recover a judgment affecting the title to, or the possession, use or enjoyment of, real property, all the proceedings and the judgment shall bind, in addition to the persons who are bound by the filing …

§ 301. Conveyance and record as evidence. 1. The certificate of the acknowledgment or of the proof of a conveyance, or the record, or the transcript of the record, of such a conveyance, is not conclusive, and it may be rebutted, and the effect thereof may be contested, by a part…

§ 311. Presumption of possession from legal title. In an action to recover real property or the possession thereof, the person who establishes a legal title to the premises is presumed to have been possessed thereof within the time required by law; and the occupation of the prem…

§ 321. Proof of ownership of unoccupied lands and timber thereon. In all actions to recover the possession of, or otherwise to determine the title to, or for trespass upon or injury to, unoccupied lands, timber, trees, or underwood thereon, any party seeking such recovery or det…

§ 331. Proof of lost execution or writ after sheriff's sale of real property. Whenever, upon the trial of an action, it shall appear that at least ten years theretofore real property has been sold by a sheriff for enforcement of the valid lien thereon of a duly docketed judgment…

§ 341. Recitals as to heirships in conveyances. Hereafter, in any special proceeding or action in any of the courts of this state, any deed, mortgage, lease, release, power of attorney or other instrument more than ten years old, executed for the purpose of transferring the titl…

§ 342. Recitals in judgments affecting title to real property as evidence. In any action or special proceeding in any of the courts of this state, a judgment, decree or order of any court of record, or made by a judge of any court of record in this state, in any action affecting…

§ 351. Evidence as to common lands in the city of New York. In any action or special proceeding involving a question as to the situs of any lot of the common lands, so-called, in the city of New York, the court may, upon the offer of any party, receive in evidence any evidence w…

§ 401. When interests are valued under this article. The following interests shall be valued in the manner provided by this article: (a) an interest in real property dependent as to value upon the duration of one or more lives in being, whether such interest is present or future…

§ 402. Interest rate. In all valuations made under this article, the\ninterest rate of four per centum, compounded annually, shall be employed\nfor all purposes.\n