Title RPA, Real Property Actions & Proceedings

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

§ 1002. Action barred by assignment of dower. The acceptance by a widow of an assignment of dower in satisfaction of her claim upon the property in question bars an action for dower and may be pleaded by any defendant.

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

§ 1011. Necessary defendants. Where the property in which dower is claimed is actually occupied, the occupant thereof must be made defendant in the action. Where it is not so occupied, the action must be brought against some person exercising acts of ownership thereupon, or clai…

§ 1012. Who may be joined as defendants. 1. In either of the cases specified in section 1011, any other person claiming title to, or the right to the possession of, the real property in which dower is claimed may be joined as defendant in the action. 2. The people of the state o…

§ 1013. Actions where defendants claim in severalty. In an action to recover dower, in a distinct parcel of real property of which the plaintiff's husband died seized, or in all the real property which he aliened by one conveyance, all the persons in possession of, or claiming t…

§ 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 1022 do not authorize the recovery, against a defendant who is joined with others, of damages for withholding dower, in any portion of the property not occupied or claimed by him.

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

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

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

§ 1041. Interlocutory judgment for admeasurement. If the defendant makes default in appearing or pleading or if the right of the plaintiff to dower is not disputed by the answer, or if it appears, by the verdict, report, or decision upon a trial, that the plaintiff is entitled t…

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

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

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

§ 1051. Fees and expenses. The fees and expenses of the commissioners, or of the referee, including the expense of a survey, when it is made, must be taxed under the direction of the court; and the amount thereof must be paid by the plaintiff, and allowed to her, upon the taxati…

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

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

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

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

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

§ 1071. Plaintiff may consent to receive a gross sum. In an action for dower, the plaintiff may, at any time before an interlocutory judgment is rendered, by reason of the defendant's default in appearing or pleading, or, where an issue of fact is joined, at any time before the …

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

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

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

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

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

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

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

§ 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 relating to a sale in partition and to the distribution, investment, and care of the proceeds, apply, as far as they are applicable, to a sale made as prescribed in this article and to the distribution of the proc…

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

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

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

§ 1102. Contents of petition. The petition must be in writing and verified by the affidavit of the petitioner, to the effect that the matters of fact therein set forth are true. It must contain: a. A description of the real property and a statement of the petitioner's interest t…

§ 1103. Service of petition and notice. A copy of the petition, including the affidavit, together with notice of the time and place at which the petition will be presented, must be personally served, at least fourteen days before its presentation, upon the person required, by th…

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

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

§ 1106. Habeas corpus. If it appears, by affidavit, to the satisfaction of the court, that the person required to be produced is imprisoned within the state, for any cause, except upon a sentence for a felony, or is kept or detained, within the state, by any person, the court ma…

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

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

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

§ 1112. When life tenant deemed dead and petitioner let into possession. If it appears from the referee's report, or upon the hearing before the court, that the person upon whose life the prior estate depends was not produced and if the party required to produce him, or to prove…

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

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

§ 1123. Petitioner to give notice of its execution. The petitioner must give to the adverse party, or his attorney, written notice of the time when, and the place where, the commissioner or commissioners will attend, for the purpose of executing the commission, as follows: a. If…

§ 1124. Execution thereof. The commissioner or commissioners possess the same powers, and must proceed in the same manner, as a referee, appointed by an order requiring the production of the tenant for life, or proof of his existence; except that they cannot proceed unless a per…

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

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