Title RPA, Real Property Actions & Proceedings

§ 1901. Release of rents reserved by leases in perpetuity. 1. Any\nperson interested in lands held under a lease in perpetuity, upon which\nno rent has been paid for at least twenty years, may present his\npetition to the courts mentioned in this section asking that it be\ndecla…

§ 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\nthe owner of mortgaged property situate in this state shall be entitled,\npursuant to the terms of the mortgage encumbering such property, to\nobtain the release of a portion thereof from the lien of such mo…

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

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

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

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

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

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

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

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

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

§ 1951. Extinguishment of non-substantial restrictions on the use of\nland. 1. No restriction on the use of land created at any time by\ncovenant, promise or negative easement, or created on or after September\n1, 1958, by a special limitation or condition subsequent governed by…

§ 1953. Effect of certain special limitations and conditions\nsubsequent. 1. Except as provided in subdivision 4, a special limitation\nor condition subsequent created on or after September 1, 1958 shall be\ngoverned by this section in any case where it expressly or by necessary…

§ 1954. Action to limit existing possibilities of reverter and rights\nof entry restricting the use of land. 1. This section shall apply to a\nspecial limitation or condition subsequent created prior to September 1,\n1958 which would be subject to section 1953 if it had been cre…

§ 1955. Modification or extinguishment of certain restrictions on the\nuse of land held for charitable purposes. 1. Where land is held, whether\nor not in trust, for benevolent, charitable, educational, public or\nreligious purposes and the use of such land is restricted to such…

§ 1970. Applicability. The department or agency of a city, town or\nvillage, responsible for the enforcement of the multiple dwelling law,\nthe multiple residence law, or any other law, code or ordinance\ngoverning the occupancy and maintenance of residential property\n(hereinaf…

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

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

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

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

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

* § 1980. Applicability. The department or agency of a city, town, or\nvillage, responsible for the enforcement of the commercial building\ncode, industrial building code, or any other law, code or ordinance\ngoverning the occupancy and maintenance of commercial or industrial re…

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

* § 1982. Notice. 1. If the department proposes to institute\nproceedings pursuant to this article, it may file a copy of the\ncertification and a notice of intention to commence such proceedings in\nthe office of the clerk of the county in which the commercial or\nindustrial re…

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

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

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

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

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

§ 202. Pleading interest of the state. Where the state or any\ndepartment, bureau, board, commission, council, officer, agency or\ninstrumentality of the state is defendant in an action affecting real\nproperty, the complaint shall set forth:\n 1. Detailed facts showing the part…

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

§ 203. Judgment in action adversely affecting the title, interest or\nclaim of the state based upon tax deed. In any action affecting the\ntitle, or the possession, enjoyment or use of, real property in which\none of the parties is the state, any judgment that may adversely affe…

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

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

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

§ 221. Compelling delivery of possession of real property. Where a\njudgment affecting the title to, or the possession, enjoyment or use of,\nreal property allots to any person a distinct parcel of real property,\nor contains a direction for the sale of real property, or confirm…

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

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

§ 241. Persons bound by judgment in certain actions. In an action\nbrought to recover a judgment affecting the title to, or the possession,\nuse or enjoyment of, real property, all the proceedings and the judgment\nshall bind, in addition to the persons who are bound by the fili…

§ 301. Conveyance and record as evidence. 1. The certificate of the\nacknowledgment or of the proof of a conveyance, or the record, or the\ntranscript of the record, of such a conveyance, is not conclusive, and\nit may be rebutted, and the effect thereof may be contested, by a p…

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

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

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

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

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

§ 351. Evidence as to common lands in the city of New York. In any\naction or special proceeding involving a question as to the situs of any\nlot of the common lands, so-called, in the city of New York, the court\nmay, upon the offer of any party, receive in evidence any evidenc…

§ 401. When interests are valued under this article. The following\ninterests shall be valued in the manner provided by this article: (a) an\ninterest in real property dependent as to value upon the duration of one\nor more lives in being, whether such interest is present or fut…

§ 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