Title RPA, Real Property Actions & Proceedings

§ 1001. Limitation of action for dower. 1. An action for dower must be\ncommenced by a widow within two years after the death of her husband, if\nthe husband dies on or after April 6, 1954.\n 2. If the husband died before April 6, 1954, an action for dower must\nbe commenced by …

§ 1002. Action barred by assignment of dower. The acceptance by a\nwidow of an assignment of dower in satisfaction of her claim upon the\nproperty in question bars an action for dower and may be pleaded by any\ndefendant.\n

§ 101. Short title. This chapter shall be known as the real property\nactions and proceedings law and may be cited as "RPAPL".\n

§ 1011. Necessary defendants. Where the property in which dower is\nclaimed is actually occupied, the occupant thereof must be made\ndefendant in the action. Where it is not so occupied, the action must be\nbrought against some person exercising acts of ownership thereupon, or\n…

§ 1012. Who may be joined as defendants. 1. In either of the cases\nspecified in section 1011, any other person claiming title to, or the\nright to the possession of, the real property in which dower is claimed\nmay be joined as defendant in the action.\n 2. The people of the st…

§ 1013. Actions where defendants claim in severalty. In an action to\nrecover dower, in a distinct parcel of real property of which the\nplaintiff's husband died seized, or in all the real property which he\naliened by one conveyance, all the persons in possession of, or claimin…

§ 1021. Damages may be recovered; how estimated. Where a widow\nrecovers, in an action therefor, dower in property, of which her husband\ndied seized, she may also recover, in the same action, damages for\nwithholding her dower, to the amount of one-third of the annual value of\…

§ 1022. Damages in action against alienee of husband. Where a widow\nrecovers dower, in a case not specified in section 1021, she may also\nrecover, in the same action, damages for withholding her dower, to be\ncomputed from the commencement of the action; but they shall not inc…

§ 1023. Damages where several parcels are affected. Sections 1021 and\n1022 do not authorize the recovery, against a defendant who is joined\nwith others, of damages for withholding dower, in any portion of the\nproperty not occupied or claimed by him.\n

§ 1024. Damages apportioned between heir and alienee. Where a widow\nrecovers dower in real property aliened by the heir of her husband, she\nmay recover, in a separate action against him, her damages for\nwithholding her dower, from the time of the death of her husband to the\n…

§ 1025. Damages against grantee of premises subject to dower. If the\ndefendant, in an action for dower, aliens the real property in question\nafter the filing of a notice of pendency of action and an execution\nagainst him for the plaintiff's damages is returned wholly or partl…

§ 1031. Complaint. The complaint in an action for dower must describe\nthe property claimed with common certainty, by setting forth the name of\nthe township or tract and the number of the lot, if there is any, or in\nsome other appropriate manner, so that from the description, …

§ 1041. Interlocutory judgment for admeasurement. If the defendant\nmakes default in appearing or pleading or if the right of the plaintiff\nto dower is not disputed by the answer, or if it appears, by the\nverdict, report, or decision upon a trial, that the plaintiff is\nentitl…

§ 1043. Dower, how admeasured. The referee or the commissioners must\nexecute their duties in the following manner:\n 1. They must, if it is practicable, and, in their opinion, for the\nbest interests of all the parties concerned, admeasure and lay off, as\nspeedily as possible,…

§ 1044. Report thereupon. All the commissioners must meet together in\nthe performance of any of their duties; but the acts of a majority so\nmet are valid. The referee, or the commissioners, or a majority of them,\nmust make a full report of their proceedings, specifying therei…

§ 1045. Setting aside report. Upon the application of any party to the\naction, and upon good cause shown, the court may set aside the report,\nand, if necessary, may appoint new commissioners, or a new referee, who\nmust proceed, as prescribed in this article, with respect to t…

§ 1051. Fees and expenses. The fees and expenses of the commissioners,\nor of the referee, including the expense of a survey, when it is made,\nmust be taxed under the direction of the court; and the amount thereof\nmust be paid by the plaintiff, and allowed to her, upon the tax…

§ 1052. Fees of surveyor or commissioner in action for dower. A\nsurveyor, employed as prescribed by law, in an action for dower, or to\ndetermine dower, is entitled to five dollars for each day actually and\nnecessarily occupied in surveying, laying out, marking, or mapping lan…

§ 1061. Final judgment. Upon the report being confirmed by the court,\nfinal judgment must be rendered. If the referee or commissioners have\nadmeasured and laid off to the plaintiff a distinct parcel of the\nproperty, the judgment must award to her, during her natural life, the…

§ 1062. Plaintiff may recover sum awarded; court may modify judgment.\nThe plaintiff may, from time to time, maintain an action against the\nowner, or a person who was the owner of the property, to recover any\ninstalment of the sum, so awarded to her for her dower, which became…

§ 1063. Junior incumbrances; not affected by admeasurement. Where a\nportion of the property is admeasured and laid off to the plaintiff as\nher dower, a lien which is inferior to the plaintiff's right of dower\nattaches, during the life of the plaintiff, to the residue, or to t…

§ 1064. Appeal not to stay execution if undertaking is given. An\nappeal from a final judgment awarding to the plaintiff possession of the\npart admeasured and laid off to her does not stay the execution thereof\nunless the court, or a judge thereof, grants an order directing su…

§ 1071. Plaintiff may consent to receive a gross sum. In an action for\ndower, the plaintiff may, at any time before an interlocutory judgment\nis rendered, by reason of the defendant's default in appearing or\npleading, or, where an issue of fact is joined, at any time before t…

§ 1072. Defendant may consent to pay it; proceedings thereupon. At\nany time after a consent is filed, as prescribed in section 1071, and\nbefore an interlocutory judgment is rendered, any defendant may apply to\nthe court, upon notice, for an order granting him leave to pay suc…

§ 1073. Interlocutory judgment for sale. Where the plaintiff's consent\nhas been filed as prescribed in section 1071 and she is entitled to an\ninterlocutory judgment in the action, the court must, upon the\napplication of either party, ascertain, by reference or otherwise,\nwhe…

§ 1074. Direction that a part be laid off. In a case specified in\nsection 1071, where the property, or a part thereof, consists of one or\nmore vacant or unimproved lots, the plaintiff's consent may contain a\nstipulation to take a distinct parcel, out of those lots, in lieu of…

§ 1075. Liens to be ascertained. Before an interlocutory judgment is\nrendered for the sale of the property, the court must direct a reference\nto ascertain whether any person not a party, has a lien upon the\nproperty, or any part thereof. But the court may direct or dispense\n…

§ 1076. Satisfaction or protection of lien. Where the interlocutory\njudgment directs a sale, if the right of dower of the plaintiff is\ninferior to any other lien upon the property, the judgment may, in the\ndiscretion of the court, direct that the property be sold either subje…

§ 1077. Payment of taxes, assessments and water rates out of proceeds.\nWhere a judgment, rendered in an action for dower directs a sale of the\nreal property, the officer making the sale must, out of the proceeds,\nunless the judgment otherwise directs, pay all taxes, assessmen…

§ 1078. Report of sale. Immediately after completing the sale and\nexecuting the proper conveyance to the purchaser, the officer making the\nsale must make and file with the clerk a report thereof, showing the\nname of the purchaser and the purchase-price paid by him, or, if the…

§ 1079. Final judgment upon confirming sale. Upon confirming the sale,\nthe court must ascertain, by a reference or otherwise, the rights and\ninterests of each of the parties in and to the proceeds of the sale, and\nalso what gross sum of money is equal to the value of the plai…

§ 1081. Certain provisions made applicable. The provisions of law\nrelating to a sale in partition and to the distribution, investment, and\ncare of the proceeds, apply, as far as they are applicable, to a sale\nmade as prescribed in this article and to the distribution of the\n…

§ 1091. Action to recover property by revisioner or remainderman,\nafter determination of particular estate. Where a tenant for life, or\nfor a term of years, suffers a judgment to be taken against him, by\nconsent or by default, in an action for dower, the heir or person owning…

§ 1093. Collusive recovery not to prejudice infant. Where a widow, not\nhaving a right to dower, recovers dower against an infant, by the\ndefault or collusion of his guardian, the infant shall not be prejudiced\nthereby; but when he comes of full age, he may bring an action of\…

§ 1101. Petition for production of tenant for life. A person entitled\nto claim real property after the death of another who has a prior estate\ntherein may, not oftener than once in each calendar year, apply by\npetition to the supreme court, at a special term thereof, held wit…

§ 1102. Contents of petition. The petition must be in writing and\nverified by the affidavit of the petitioner, to the effect that the\nmatters of fact therein set forth are true. It must contain:\n a. A description of the real property and a statement of the\npetitioner's inter…

§ 1103. Service of petition and notice. A copy of the petition,\nincluding the affidavit, together with notice of the time and place at\nwhich the petition will be presented, must be personally served, at\nleast fourteen days before its presentation, upon the person required,\nb…

§ 1104. Proceedings upon presentation of petition. Upon the\npresentation of the petition and affidavit, with due proof, by\naffidavit, of service of a copy thereof, and of the notice, if\nsufficient cause to the contrary is not shown by the adverse party, the\ncourt must either…

§ 1105. Service of order; powers of court or referee. Where an order\nrequiring the production of the tenant for life, or proof that he is\nliving, is made as prescribed in section 1104, a certified copy thereof\nmust be served, at least fourteen days before the time therein\nsp…

§ 1106. Habeas corpus. If it appears, by affidavit, to the\nsatisfaction of the court, that the person required to be produced is\nimprisoned within the state, for any cause, except upon a sentence for a\nfelony, or is kept or detained, within the state, by any person, the\ncour…

§ 1107. Report of referee. The referee must deliver his report to the\npetitioner, or file it with the clerk, within ten days after the case is\nclosed. He must state therein whether any person was or was not produced\nbefore him as being the person whose death is in question. H…

§ 111. Definitions. 1. As used in section 1641 of this chapter and in\nsections 1901 and 1911 of this chapter, the terms "real property" and\n"lands" are co-extensive in meaning with lands, tenements and\nhereditaments.\n 2. As used in section 1921, the term "real property" incl…

§ 1111. Dismissal of petition when order complied with. If it appears\nto the satisfaction of the court, upon the referee's report and the\nproofs thereto appended or, where a referee is not appointed, upon the\nallegations and proofs of the parties before the court, that the pa…

§ 1112. When life tenant deemed dead and petitioner let into\npossession. If it appears from the referee's report, or upon the\nhearing before the court, that the person upon whose life the prior\nestate depends was not produced and if the party required to produce\nhim, or to p…

§ 1121. Commission to be issued if life tenant is without the state.\nIf before or at the time of the presentation of the referee's report to\nthe court, or, where a referee is not appointed, at any time before the\nfinal order is made, the party upon whom the petition and notic…

§ 1122. General provisions respecting the commission. It is not\nnecessary, unless the court specially so directs, that the witnesses to\nbe examined should be named in the commission, or that interrogatories\nshould be annexed thereto. The commission must be executed and return…

§ 1123. Petitioner to give notice of its execution. The petitioner\nmust give to the adverse party, or his attorney, written notice of the\ntime when, and the place where, the commissioner or commissioners will\nattend, for the purpose of executing the commission, as follows:\n …

§ 1124. Execution thereof. The commissioner or commissioners possess\nthe same powers, and must proceed in the same manner, as a referee,\nappointed by an order requiring the production of the tenant for life,\nor proof of his existence; except that they cannot proceed unless a\…

§ 1125. Proceedings on return of commission. Upon the return of the\ncommission, the proceedings are the same as upon the report of a\nreferee, as prescribed in sections 1111 and 1112; but the court may, in\nits discretion, receive additional proofs from either party.\n

§ 1131. Costs. Where costs of a special proceeding taken as prescribed\nin this article are awarded, they must be fixed by the court at a gross\nsum, not exceeding fifty dollars, in addition to disbursements. Where\nprovision is not specially made in this article for the award o…