Title RPA, Real Property Actions & Proceedings

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

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

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

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

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

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

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

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

§ 812. Action for waste by ward against guardian. Such an action may\nalso be maintained against a guardian by his ward, either before or\nafter the termination of the guardianship, for waste committed upon the\nreal property of the ward during the guardianship.\n

§ 813. Action for waste by grantee of real property sold under\nexecution. Where real property is sold by virtue of an execution, the\nperson to whom a conveyance is executed pursuant to the sale may\nmaintain an action for waste, committed thereon after the sale, against\nthe p…

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

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

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

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

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

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

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

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

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

§ 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\nmay be maintained by the owner of any legal estate in land for an\ninjunction directing the removal of a structure encroaching on such\nland. Nothing herein contained shall be construed as limiting the power\…

§ 881. Access to adjoining property to make improvements or repairs.\n1. As used in this section: (a) the term "document" shall include but\nnot be limited to copies of any plans, specifications, surveys,\nengineering reports or evidence of insurance for the work to be\nperforme…

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

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

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

§ 904. Permissible defendants. The plaintiff, at his election, may\nmake defendant in the action:\n 1. A tenant by the curtesy or for life or for years, of the entire\nproperty, or whoever may be entitled to a contingent or vested remainder\nor reversion in the entire property, …

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

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

§ 911. Ascertainment of rights of parties before interlocutory\njudgment on default or admission or where party is an infant, absentee\nor unknown defendant.\n If a defendant has made default in appearing or pleading, or the\nrights of the parties are not controverted, or a part…

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

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

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

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

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

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

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

§ 922. Meeting of commissioners; report of actual partition;\nconfirming or setting aside report. 1. All the commissioners shall meet\ntogether in the performance of any of their duties, but the acts of a\nmajority so met are valid. They shall make a full report of their\nprocee…

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

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

§ 927. Contents of judgment after actual partition. Upon the\nconfirmation by the court of the report of the commissioners making\npartition, final judgment shall be entered directing that each of the\nparties who is entitled to possession of a distinct parcel allotted to\nhim, …

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

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

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

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

§ 941. Judgment as to parties having interest in entire property. If\na tenant by the curtesy or for life or for years of the entire property,\nor a person entitled to a contingent or vested remainder or reversion in\nthe entire property, or a creditor, or other person, having a…

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

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

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

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

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