Title RPA, Real Property Actions & Proceedings

§ 797-f. Contents of the petition. 1. The petition shall be verified by the person authorized to maintain the proceeding under section seven hundred ninety-seven-a of this article or by a legal representative, attorney, or agent of such person pursuant to rule three hundred twen…

§ 797-g. Notice to local housing standard enforcement agency. The clerk of the court shall mail a copy of the filed notice of petition and petition to the appropriate government agency charged with enforcing local or state housing standards within the court's jurisdiction.

§ 797-h. Answer. At or prior to the time the petition is to be heard the respondent may answer orally or in writing. If the answer is oral the substance thereof shall be recorded by the clerk or, if a particular court has no clerk, by the presiding judge or justice of such court…

§ 797-i. Trial. Where triable issues of fact are raised, they shall be tried by the court unless, at the time the petition is noticed to be heard, a party demands a trial by jury, in which case trial shall be by jury. At the time when issue is joined, the court, at the request o…

§ 797-j. Judgment. 1. The court shall direct that final judgment be entered determining the rights of the parties. 2. The judgment may include: a. An order to repair conditions constituting violation of applicable local and state housing standards or section two hundred thirty-f…

§ 801. Who liable to action for waste. An action for waste lies against a tenant by the curtesy, in dower, for life, or for years, or the assignee of such a tenant, who, during his estate or term, commits waste upon the real property held by him, without a special and lawful wri…

§ 803. Alterations or replacements of structures by person having estate for life or years. 1. When a person having an estate for life or for years in land proposes to make an alteration in, or a replacement of a structure or structures located thereon, then the owner of a futur…

§ 811. Action for waste by heir, devisee or grantor of reversion. An heir or devisee may maintain an action for waste, committed in time of his ancestor or testator, as well as in his own time. The grantor of a reversion may maintain an action for waste committed before he alien…

§ 812. Action for waste by ward against guardian. Such an action may also be maintained against a guardian by his ward, either before or after the termination of the guardianship, for waste committed upon the real property of the ward during the guardianship.

§ 813. Action for waste by grantee of real property sold under execution. Where real property is sold by virtue of an execution, the person to whom a conveyance is executed pursuant to the sale may maintain an action for waste, committed thereon after the sale, against the perso…

§ 815. Judgment in action for waste against tenant of particular estate. If the plaintiff recovers in an action for waste, other than an action brought as prescribed in section 817, the final judgment must award to him compensatory damages. Where the action is brought by the per…

§ 817. Action for waste against joint tenant or tenant in common. 1. An action for waste may also be maintained by a joint tenant or tenant in common against his co-tenant who commits waste upon the real property held in joint tenancy or in common. If the plaintiff recovers ther…

§ 821. View in action for waste. In an action for waste it is not necessary, either upon the execution of a writ of inquiry or upon the trial of an issue of fact, that the jury, the judge, or the referee should view the property. Where the trial is by a referee, or by the court …

§ 831. Action by reversioner or remainderman. A person seized of an estate in remainder or reversion may maintain an action founded upon an injury done to the inheritance, notwithstanding any intervening estate for life or for years.

§ 833. Recovery of fee damages by the owner of a possessory estate for life or for years. When the ownership of land is divided into a possessory estate for life or for years and one or more future interests, and a person having none of these interests causes damage to such land…

§ 841. Action for nuisance. An action for a nuisance may be maintained in any case where such an action might have been maintained under the laws in force immediately before the taking effect of article seventh of title one of chapter fourteenth of the code of civil procedure as…

§ 843. Fences and structures, when private nuisance. Whenever the owner or lessees of land shall erect or shall have erected thereon any fence or structure in the nature of a fence which shall exceed ten feet in height, to exclude the owner or occupant of a structure on adjoinin…

§ 851. Action against certain persons holding over as trespassers. A person in possession of real property as guardian or trustee for an infant, or having an estate determinable upon one or more lives, who holds over and continues in possession after the determination of his tru…

§ 853. Action for forcible or unlawful entry or detainer; treble damages. If a person is disseized, ejected, or put out of real property in a forcible or unlawful manner, or, after he has been put out, is held and kept out by force or by putting him in fear of personal violence …

§ 861. Action for cutting, removing, injuring or destroying trees or\ntimber, and damaging lands thereon. 1. If any person, without the\nconsent of the owner thereof, cuts, removes, injures or destroys, or\ncauses to be cut, removed, injured or destroyed, any underwood, tree or\…

§ 871. Action for the removal of encroaching structures. 1. An action may be maintained by the owner of any legal estate in land for an injunction directing the removal of a structure encroaching on such land. Nothing herein contained shall be construed as limiting the power of …

§ 881. Access to adjoining property to make improvements or repairs. 1. As used in this section: (a) the term "document" shall include but not be limited to copies of any plans, specifications, surveys, engineering reports or evidence of insurance for the work to be performed on…

§ 882. Severability. If any provision of this article or the application thereof to any person or circumstances is held invalid, the remainder of the article and the application of such provision to other persons or circumstances shall not be affected thereby.

§ 901. By whom maintainable. 1. A person holding and in possession of real property as joint tenant or tenant in common, in which he has an estate of inheritance, or for life, or for years, may maintain an action for the partition of the property, and for a sale if it appears th…

§ 903. Necessary defendants. Each of the following persons shall be made a party to the action: 1. Every person having an undivided share, in possession or otherwise, in the property, as tenant in fee, for life, by the curtesy or for years; 2. Every person entitled to the revers…

§ 904. Permissible defendants. The plaintiff, at his election, may make defendant in the action: 1. A tenant by the curtesy or for life or for years, of the entire property, or whoever may be entitled to a contingent or vested remainder or reversion in the entire property, or a …

§ 905. Complaint. The complaint shall describe the property with reasonable certainty, specify the rights, shares and interests therein of each of the parties, as far as the same are known to the plaintiff, and contain any other allegation required by statute. If a party, or the…

§ 907. Trial of title or interest. 1. The title or interest of any party in the property may be put in issue. When any defendant, not a tenant in common or joint tenant with plaintiff, puts in issue title or interest, all subsequent proceedings as to such defendant, including th…

§ 911. Ascertainment of rights of parties before interlocutory judgment on default or admission or where party is an infant, absentee or unknown defendant. If a defendant has made default in appearing or pleading, or the rights of the parties are not controverted, or a party be …

§ 913. Inquiry as to creditors. 1. Before an interlocutory judgment for the sale of real property is rendered the court shall ascertain, by reference or otherwise, whether there is any creditor not a party who has a lien on the undivided share or interest of any party. A search …

§ 915. Interlocutory judgment. The interlocutory judgment shall determine the right, share or interest of each party in the property, as far as the same has been ascertained. Where the property or any part thereof is so circumstanced that a partition thereof cannot be made witho…

§ 916. Interlocutory judgment directing partial partition. Where the right, share and interest of a party has been ascertained, and the rights, shares or interests of the other parties as between themselves remain unascertained, an interlocutory judgment for a partition shall di…

§ 917. Interlocutory judgment directing partition in common. Where two or more parties desire to enjoy their shares in common with each other, the interlocutory judgment may direct partition to be so made as to set off to them their shares of the real property partitioned, witho…

§ 918. Interlocutory judgment directing sale or exception of lien or dower interest. 1. An interlocutory judgment directing the sale of the property may direct that the premises sold shall be free from the lien of every debt of a decedent, from whom the plaintiff's title is deri…

§ 919. Interlocutory judgment directing credit on sale. The court, in the interlocutory judgment for a sale, shall direct the terms of credit which may be allowed for any portion of the purchase-money.

§ 921. Actual partition. 1. The commissioners designated by the interlocutory judgment shall forthwith proceed to make partition as directed by such judgment, unless it appears to them that partition thereof, or of a particular lot, tract or other portion thereof, cannot be made…

§ 922. Meeting of commissioners; report of actual partition; confirming or setting aside report. 1. All the commissioners shall meet together in the performance of any of their duties, but the acts of a majority so met are valid. They shall make a full report of their proceeding…

§ 923. Security for credit on sale. The portion of the purchase-money for which credit is allowed in the interlocutory judgment shall be secured at interest by a mortgage upon the property sold, with a bond of the purchaser; and by such additional security, if any, as the court …

§ 925. Report of sale; confirmation. 1. Immediately after completing the sale, the officer making it shall file with the clerk his report thereof under oath, containing a description of each parcel sold, the name of the purchaser and the price. 2. The court shall confirm or set …

§ 927. Contents of judgment after actual partition. Upon the confirmation by the court of the report of the commissioners making partition, final judgment shall be entered directing that each of the parties who is entitled to possession of a distinct parcel allotted to him, be l…

§ 928. Effect of judgment after actual partition. A final judgment after actual partition is binding and conclusive upon the following persons, except parties and persons claiming under them whose rights and interests are expressly left unaffected: 1. The plaintiff; each defenda…

§ 929. Lien of creditor upon share partitioned. After actual partition the lien of a creditor having a lien on an undivided share or interest in the property, who is or is not made a party, shall attach only to the share or interest assigned to the party upon whose share or inte…

§ 931. Contents of judgment after sale. A final judgment confirming a sale shall direct the officer making it to execute the proper conveyances and take the proper securities pursuant to the sale, and also direct application of the proceeds.

§ 933. Effect of judgment after sale. A final judgment after sale is binding and conclusive upon the same persons upon whom a final judgment for actual partition is binding and conclusive; and it bars each of those persons who is not a purchaser at the sale from all right, title…

§ 941. Judgment as to parties having interest in entire property. If a tenant by the curtesy or for life or for years of the entire property, or a person entitled to a contingent or vested remainder or reversion in the entire property, or a creditor, or other person, having a li…

§ 943. Judgment directing compensation to equalize partition. Where it appears that partition cannot be made equal between the parties according to their respective rights without prejudice to the rights or interests of some of them, the final judgment may award compensation to …

§ 945. Judgment adjusting rents and profits. The court may adjust the rights of a party as against any other party by reason of the receipt by the latter of more than his proper proportion of the rents or profits of a share.

§ 947. Judgment affecting state tax claim. A judgment affecting adversely the title, interest or claim of the state based upon a tax deed, shall provide in effect as follows: 1. That the state shall have a lien upon such real property or part thereof described in such tax deed, …

§ 951. Recording of judgment. A copy, which is certified as correct, of the final judgment may be recorded in the office for recording deeds in each county in which any real property affected is situated.

§ 961. Disposition of proceeds of sale. The proceeds of a sale, after deducting the costs and expenses chargeable against them shall be immediately awarded as directed by the final judgment, to the parties whose rights and interests have been sold, in proportion thereto. The sum…