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Section 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 lands, tenements and hereditaments and chattels real, except a lease for a term not exceeding three years.3. As used in this chapter the term incompetent or incompetent person means a person incompetent to manage his affairs of whose property a committee has been appointed pursuant to section 78.03 or a person of whose property a committee has been appointed pursuant to section 78.07 of the mental hygiene law.4. As used in this chapter the term infant or minor means a person who has not attained the age of eighteen years.5. As used in this chapter, the term conservatee means a person under substantial impairment within the meaning of the conservatorship provisions of article seventy-seven of the mental hygiene law for whom a conservator has been appointed. |
N.Y. Real Prop. Acts. Law § 111 |
Section 121 - Jurisdiction of certain actions relating to real property situate without the state |
An action may be maintained in the courts of this state to recover damages for injuries to real estate without the state, or for breach of contracts or of covenants relating thereto, whenever such an action could be maintained in relation to personal property without the state. The action must be tried in the county in which the parties or some one thereof resides, or if no party resides within the state, in any county. |
N.Y. Real Prop. Acts. Law § 121 |
Section 131 - Construction of act of reconsolidation1. This chapter shall be construed as a continuation and reenactment of the provisions of the real property law repealed by article 21 hereof as such provisions existed on December 31, 1961.2. The repeal by this chapter of provisions of the real property law specified in article 21 hereof and the enactment of this chapter shall not affect any action or proceeding pending under any such provision at the time this chapter shall take effect.3. Any act of the legislature of the year 1962 or 1963 which in form amends or repeals or purports to amend or repeal any provision or provisions of the real property law repealed by article 21 of this chapter shall be legally effective notwithstanding the repeal of such provision or provisions and shall be construed as an amendment or repeal, as the case may be, of the corresponding provision or provisions of this chapter, and such corresponding provisions shall be construed to be amended, modified, changed or repealed as though they had been expressly and in terms so amended or repealed.4. Reference by any law, general or special, in force on December 31, 1961, or in any act of the legislature of the year 1962 or 1963, to a provision of the real property law repealed by article 21 of this chapter as in force immediately before the time this chapter shall take effect shall be construed to refer to the corresponding provision of this chapter. |
N.Y. Real Prop. Acts. Law § 131 |
Article 2 - GENERAL PROVISIONS GOVERNING REAL PROPERTY ACTIONS |
Section 201 - State tax commission, state or industrial commissioner as defendant in certain real property actions |
In any action affecting real property upon which the state tax commission has a lien under the tax law or under a law enacted pursuant to the authority of the tax law or article two-E of the general city law, whether or not such lien exists by reason of the filing or docketing of a warrant under such laws, the state tax commission may be made a party defendant in the same manner as a private person. In any action affecting real property upon which the state has a lien under sections two hundred forty-six-a and two hundred forty-six-b of the lien law, the state may be made a party defendant in the same manner as a private person. In any action affecting real property upon which a lien exists by reason of the docketing of a warrant pursuant to the unemployment insurance law, the industrial commissioner may be made a party defendant in the same manner as a private person. |
N.Y. Real Prop. Acts. Law § 201 |
Section 202 - Pleading interest of the state |
Where the state or any department, bureau, board, commission, council, officer, agency or instrumentality of the state is defendant in an action affecting real property, the complaint shall set forth: |
1. Detailed facts showing the particular nature of the interest in or lien on the real property and the reason for making the state a party defendant.2. If the lien exists by virtue of a judgment, other than a warrant the name of the court, date recorded, clerk's office in which filed, and names of the parties against whom and in whose favor recorded. In the case of a warrant, the date filed or docketed, clerk's office in which filed or docketed, and names of the parties against whom and in whose favor issued.3. If the lien exists by virtue of a provision of law other than a judgment, the provision of law under which said lien is created.4. If the lien is one under articles ten, ten-a, ten-b, ten-c or twenty-six of the tax law, whether or not such lien exists by reason of the filing or docketing of a warrant under such law, the name of each decedent against whose estate there is an unpaid transfer or estate tax, the date of death, place of residence at the time of death, heirs at law and next of kin, whether the decedent died testate or intestate, whether his estate has been administered, and if so where.5. If the lien is one under articles nine, nine-a, nine-b, nine-c or twenty-seven of the tax law, whether or not such lien exists by reason of the filing or docketing of a warrant under such law, the name of the corporation, association, joint-stock company, unincorporated company, person, or partnership against whose property there is an unpaid corporation, license, or franchise tax or penalty.6. If the lien is one under article twenty-six-a of the tax law, whether or not such lien exists by reason of the filing or docketing of a warrant under such law, the names of the donees or transferees against whose property there is an unpaid gift tax. |
N.Y. Real Prop. Acts. Law § 202 |
Section 202-A - Pleading interest of a city |
Where a city or any department, bureau, board, commission, officer, agency or instrumentality thereof is a defendant in an action affecting real property, the complaint shall set forth: |
1. Detailed facts showing the particular nature of the interest in or lien on the real property and the reason for making such city a party-defendant.2. If the lien exists by virtue of a judgment, the name of the court, date recorded, clerk's office in which filed, the names of the parties against whom and in whose favor such judgment was recovered and a brief description of the grounds for or the nature of such judgment.3. If the lien exists by virtue of a provision of law other than a judgment, the provision of law under which said lien is created. |
N.Y. Real Prop. Acts. Law § 202-A |
Section 203 - Judgment in action adversely affecting the title, interest or claim of the state based upon tax deed |
In any action affecting the title, or the possession, enjoyment or use of, real property in which one of the parties is the state, any judgment that may adversely affect 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, prior and superior to all other liens, (a) for the amount of the unpaid taxes not adjudged illegal in such action for which such real property was sold or liable to be sold in the first instance and for which such tax deed was issued, together with fees, charges and interest; (b) for the amount of the unpaid taxes not adjudged illegal in such action for which such real property was subsequently sold or liable to be sold, together with fees, charges and interest; (c) for the amount of all taxes, fees and charges admitted or paid by the state upon such real property to the date of the entry of such judgment, together with interest thereon from the date of such admission or payment. In the determination of the amount of such lien, establishment of payments of taxes on said real property by the adjudged or admitted owner of the property during any of the same years in which payments were also made by the state shall reduce the lien of the state by the larger of the two tax payments for each of the years affected by duplicate payments, and in the event that wholly identical areas are not affected by the duplicate payments the court shall have power to apportion and adjust the amount of the lien as equity may require. 2. That the state may foreclose such lien as a mortgage on real property is foreclosed, provided such lien remains unpaid after the expiration of one year from the entry of such judgment. |
The remedy provided by this section for recovery of tax payments shall be in addition to any other remedy now or hereafter available in law or in equity. |
N.Y. Real Prop. Acts. Law § 203 |
Section 211 - Prevention of waste or damage during pendency |
If, during the pendency of an action to recover a judgment affecting the title to, or the possession, use or enjoyment of, real property, a party commits waste upon, or does any other damage to, the property in controversy, the court may grant, without notice or security, an order restraining him from the commission of any further waste upon or damage to the property. Disobedience to such an order may be punished as a contempt of the court. This section does not affect the right to a permanent or temporary injunction in such an action. |
N.Y. Real Prop. Acts. Law § 211 |
Section 221 - Compelling delivery of possession of real property |
Where a judgment affecting the title to, or the possession, enjoyment or use of, real property allots to any person a distinct parcel of real property, or contains a direction for the sale of real property, or confirms such an allotment or sale, it also may direct the delivery of the possession of the property to the person entitled thereto, subject to the rights and obligations set forth in section thirteen hundred five of this chapter. |
If a party, or his representative or successor, who is bound by the judgment, withholds possession from the person thus declared to be entitled thereto, the court, by order, in its discretion, besides punishing the disobedience as a contempt, may require the sheriff to put that person into possession. Such an order shall be executed as if it were an execution for the delivery of the possession of the property. |
N.Y. Real Prop. Acts. Law § 221 |
Section 221 - Compelling delivery of possession of real property |
Where a judgment affecting the title to, or the possession, enjoyment or use of, real property allots to any person a distinct parcel of real property, or contains a direction for the sale of real property, or confirms such an allotment or sale, it also may direct the delivery of the possession of the property to the person entitled thereto, subject to the rights and obligations set forth in section thirteen hundred five of this chapter. |
If a party, or his representative or successor, who is bound by the judgment, withholds possession from the person thus declared to be entitled thereto, the court, by order, in its discretion, besides punishing the disobedience as a contempt, may require the sheriff to put that person into possession. Such an order shall be executed as if it were an execution for the delivery of the possession of the property. |
N.Y. Real Prop. Acts. Law § 221 |
Section 231 - Sale; notice of; when and how conducted1. A sale of real property made in pursuance of a judgment affecting the title to, or the possession, enjoyment or use of, real property, shall be at public auction to the highest bidder.2.(a) Notice of such sale shall be given by the officer making it by publishing a notice of the time and place of the sale, containing a description of the property to be sold, in a newspaper published in the county in which the property is located, or, if there is none, in a newspaper published in an adjoining county, unless the property is situated wholly or partly in a city, or in an incorporated village in which a daily, semi-weekly or tri-weekly newspaper is published, and, in that case, by publishing notice of the sale in such a daily, semi-weekly or tri-weekly paper, except that where such real property is located in a county within the city of New York such publication shall be in a daily newspaper published within such county, or in a weekly paper published in a city or in such incorporated village. If the property be situated in a city, or a village in which no newspaper is published daily, semi-weekly or tri-weekly, and there be an adjoining city or village in the same or another county, in which a newspaper is published, daily, semi-weekly or tri-weekly, such notice may be published in such daily, semi-weekly or tri-weekly newspaper of the latter city or village or in a weekly newspaper of such city. In each case, publication may be either once in each week for four successive weeks or at least twice in each week for three successive weeks perceding the original date fixed for the sale. If the publication is for three weeks, such sale shall take place on any day on or after the twenty-first day and on or before the twenty-eighth day after the day of the first publication; and if the publication is for four weeks such sale shall take place on any day on or after the twenty-eighth day and on or before the thirty-fifth day after the day of the first publication. Any period of seven successive days shall constitute a week under this section.(b) Where the property is situated wholly outside a city or an incorporated village referred to in subparagraph (a) of this subdivision, notice of such sale shall also be given by posting a copy of the notice of sale at least twenty-eight days preceding the original date fixed for the sale in three public places in the town in which the property is located, and, if the sale is to be held in another town or in a city, in three public places therein.3. If the officer appointed to make such sale does not appear at the time and place where such sale has been advertised to take place, the attorney for the plaintiff may postpone or adjourn such sale not to exceed four weeks, during which time such attorney may make application to the court to have another person appointed to make such sale. Notice of postponement of the sale shall be posted at least three days prior to the postponed date in the same places as the original notice of sale when posting of the notice of sale is required, and shall be published once at least three days prior to the postponed date in the newspaper in which the notice of sale was originally published.4. The terms of the sale shall be made known at the sale, and if the property or any part thereof is to be sold subject to the right of dower, charge or lien, that fact shall be declared at the time of the sale.5. If the property consists of two or more distinct buildings, farms or lots, they shall be sold separately, unless otherwise ordered by the court; but where two or more buildings are situated in the same city lot, they shall be sold together.6. At any time within one year after the sale, but not thereafter, the court, upon such terms as may be just, may set the sale aside for failure to comply with the provisions of this section as to the notice, time or manner of such sale if a substantial right of a party was prejudiced by the defect. |
N.Y. Real Prop. Acts. Law § 231 |
Section 232 - Purchases by certain officers prohibited; penalty |
No officer making a sale as prescribed in section 231, or guardian of an infant party, or any person for his benefit, directly or indirectly, shall purchase or be interested in the purchase of any of the property sold; except that a guardian, where he is lawfully authorized to do so, may purchase for the benefit or in behalf of his ward. The violation of this section is a misdemeanor; and a purchase made contrary to this section is void. |
N.Y. Real Prop. Acts. Law § 232 |
Section 241 - Persons bound by judgment in certain actions |
In an action brought to recover a judgment affecting the title to, or the possession, use or enjoyment of, real property, all the proceedings and the judgment shall bind, in addition to the persons who are bound by the filing of a notice of pendency of the action pursuant to law, all persons born between the filing of the notice of pendency and the entry of judgment who would have been bound by such proceedings if born after such judgment. |
N.Y. Real Prop. Acts. Law § 241 |
Article 3 - PROVISIONS RELATING TO EVIDENCE |
Section 301 - Conveyance and record as evidence1. The certificate of the acknowledgment or of the proof of a conveyance, or the record, or the transcript of the record, of such a conveyance, is not conclusive, and it may be rebutted, and the effect thereof may be contested, by a party affected thereby.2. If it appears that the acknowledgment or proof was taken upon the oath of an interested or incompetent witness, the conveyance, or the record or transcript of the record thereof, shall not be received in evidence until its execution is established by other competent proof, except in a case where the title to the land conveyed or affected by such conveyance or instrument has passed to a subsequent purchaser for a valuable consideration. |
N.Y. Real Prop. Acts. Law § 301 |
Section 311 - Presumption of possession from legal title |
In an action to recover real property or the possession thereof, the person who establishes a legal title to the premises is presumed to have been possessed thereof within the time required by law; and the occupation of the premises by another person is deemed to have been under and in subordination to the legal title unless the premises have been held and possessed adversely to the legal title for ten years before the commencement of the action. |
N.Y. Real Prop. Acts. Law § 311 |
Section 321 - Proof of ownership of unoccupied lands and timber thereon |
In all actions to recover the possession of, or otherwise to determine the title to, or for trespass upon or injury to, unoccupied lands, timber, trees, or underwood thereon, any party seeking such recovery or determination may show an unbroken chain of title for twenty years, or conveyance of the land to himself more than twenty years next preceding the commencement of the action or the assertion of the defense or counterclaim except in actions for trespass, and in actions for trespass for twenty years next preceding the commission of the trespass or injury, and such proof shall be presumptive evidence of ownership at the times respectively of the commencement of such action or assertion of the defense or counterclaim or commission of such trespass or injury. Such presumption may be rebutted by any other or opposing party by showing ownership of said lands, at the times respectively of the commencement of the action or the commission of the trespass or injury, in some person other than the party claiming ownership by virtue of such presumption. In any such action wherein the state, or any county or any state officer, board or commission shall be a party, evidence as aforesaid shall not be deemed to create any presumption of ownership as against said designated parties. |
N.Y. Real Prop. Acts. Law § 321 |
Section 331 - Proof of lost execution or writ after sheriff's sale of real property |
Whenever, upon the trial of an action, it shall appear that at least ten years theretofore real property has been sold by a sheriff for enforcement of the valid lien thereon of a duly docketed judgment, and that a certificate of the sale has been duly made by the sheriff and filed, and that a conveyance in completion of the purchase has been executed and recorded, but that the execution or writ by virtue of which the sale has so been made cannot be found in the office of the clerk with whom the same should have been filed, then and in such case the recital of or reference to such execution or writ contained in the said certificate, or in the said conveyance, or in the record thereof, shall be prima facie evidence of the said execution or writ and of the issuance of the same as against any party whose claim of title is not shown to have been accompanied or supported by peaceable possession of the premises in controversy for at least three years immediately preceding the commencement of the action. |
N.Y. Real Prop. Acts. Law § 331 |
Section 341 - Recitals as to heirships in conveyances |
Hereafter, in any special proceeding or action in any of the courts of this state, any deed, mortgage, lease, release, power of attorney or other instrument more than ten years old, executed for the purpose of transferring the title to or interest in lands, tenements or hereditaments situated within this state, which contains recitals that the grantors, grantees, or either, or both, are the heirs at law of a prior owner of the title or interest described in said instrument, or a survivor of a tenancy by the entirety or joint tenancy, shall be presumptive evidence of said heirship, or of such survivorship, as therein recited, if such instrument be duly acknowledged or witnessed and proved in any manner required or permitted at the date of the execution thereof, and be duly recorded in any county where any part of the lands described therein shall be located, or duly recorded in the office of the secretary of state of the state of New York. |
N.Y. Real Prop. Acts. Law § 341 |
Section 342 - Recitals in judgments affecting title to real property as evidence |
In any action or special proceeding in any of the courts of this state, a judgment, decree or order of any court of record, or made by a judge of any court of record in this state, in any action affecting the title of real property, which contains recitals that any acts were done or proceedings had which were necessary to give to such court or judge jurisdiction or power to grant such judgment, decree or order, shall be presumptive evidence that such acts were duly performed or proceedings duly had, if such judgment, decree or order shall have been duly entered or filed in the office of the clerk of the county in which the action or special proceeding was pending wherein such judgment, decree or order was granted. |
N.Y. Real Prop. Acts. Law § 342 |
Section 351 - Evidence as to common lands in the city of New York |
In any action or special proceeding involving a question as to the situs of any lot of the common lands, so-called, in the city of New York, the court may, upon the offer of any party, receive in evidence any evidence which was received in the action heretofore prosecuted in the superior court of the city of New York, by Russell D. Miner, and continued by the personal representatives of the same Russell D. Miner, deceased, against the city of New York, or in the action in such court between certain heirs at law of the same Russell D. Miner, deceased, and Jacob Scholle and others, and also the deposition of Isaac T. Ludlam, deceased, verified before E. Henry Lacombe, as referee, upon the fourteenth day of November, eighteen hundred seventy-eight, in an action in such court by Hester Sherman and others, against Thomas Kane and others; provided that the testimony of a witness shall not be admissible, under the provisions of this section until the court is satisfied that such witness has heretofore died; and provided further, that no provision of this section shall give to any documentary evidence introduced in connection with any former testimony any greater or different effect than may be due to it by reason of the testimony relative thereto. Such evidence may be introduced in any mode established by the practice of the courts for the introduction of testimony given upon a former trial, by a witness who has since died, or by reading from the printed cases on appeal, heretofore filed in the office of the clerk of the superior court of the city of New York. |
N.Y. Real Prop. Acts. Law § 351 |
Article 4 - VALUING INTERESTS IN REAL PROPERTY |
Section 401 - When interests are valued under this article |
The following interests shall be valued in the manner provided by this article: (a) an interest in real property dependent as to value upon the duration of one or more lives in being, whether such interest is present or future; and (b) a future interest preceded only by one or more interests described in clause (a); whenever 1. the owner of such interest is entitled to receive a sum in gross in satisfaction of, or in compensation for impairment of, his interest in real property which has been transformed into a fund by judicial action or proceeding; or 2. ownership of real property is divided into successive legal interests, including one or more interests dependent as to value upon the duration of one or more lives of persons in being, and the fraction of complete ownership belonging to each partial owner must be ascertained so as to permit an adjudication of the fraction of some new capital expenditure required either for the payment of a mortgage, special assessment or other lien upon such property, or for the satisfaction of an obligation imposed by law as an incident of ownership; or 3. such valuation is necessary for the final determination of some action or proceeding, other than an action or proceeding for which the insurance law, the workmen's compensation law or the tax law prescribes methods of valuation. |
N.Y. Real Prop. Acts. Law § 401 |
Section 402 - Interest rate |
In all valuations made under this article, the interest rate of four per centum, compounded annually, shall be employed for all purposes. |
N.Y. Real Prop. Acts. Law § 402 |
Section 403 - Mortality and other tables |
In all valuations made under this article where such valuation depends upon the continuance of, or upon the termination of a life or lives in being, the table of mortality prescribed by section four thousand two hundred seventeen of the insurance law for new, ordinary life policies shall be employed in the manner required by accepted actuarial practice. If, in any case, such table fails to provide required data, other tables accepted by actuarial practice may be employed. |
N.Y. Real Prop. Acts. Law § 403 |
Section 403 - Mortality and other tables |
In all valuations made under this article where such valuation depends upon the continuance of, or upon the termination of a life or lives in being, the table of mortality prescribed by section four thousand two hundred seventeen of the insurance law for new, ordinary life policies shall be employed in the manner required by accepted actuarial practice. If, in any case, such table fails to provide required data, other tables accepted by actuarial practice may be employed. |
N.Y. Real Prop. Acts. Law § 403 |
Section 404 - Evidence as to ancestry, health and habits of individual In all valuations made under this article, no significance shall be given to the ancestry, health or habits of the person whose life is involved |
Each valuation shall be based exclusively on the actuarial data. |
N.Y. Real Prop. Acts. Law § 404 |
Section 405 - Interest defeasible by remarriage |
Whenever an interest is defeasible on the remarriage of a person whose life is involved, this fact of defeasibility may be taken into account in the valuation of any such interest or of any interest subject thereto, if justice requires. For this purpose, the Casualty Actuarial Society's Table on Remarriage or other tables accepted by actuarial practice shall be employed. |
N.Y. Real Prop. Acts. Law § 405 |
Any court, judge, referee or other judicial or administrative officer by whom any valuation under this article must be made is authorized to transmit to the superintendent of financial services such statement of facts as is necessary to permit the required computation, and such superintendent shall thereupon make the computation and, without charge, certify the same to the court or other officer submitting such statement. Any such certificate shall be conclusive evidence that the method of computation adopted therein is correct. |
N.Y. Real Prop. Acts. Law § 406 |
Article 5 - ADVERSE POSSESSION |
Section 501 - Adverse possession; defined |
For the purposes of this article: |
1. Adverse possessor. A person or entity is an adverse possessor of real property when the person or entity occupies real property of another person or entity with or without knowledge of the other's superior ownership rights, in a manner that would give the owner a cause of action for ejectment.2. Acquisition of title. An adverse possessor gains title to the occupied real property upon the expiration of the statute of limitations for an action to recover real property pursuant to subdivision (a) of section two hundred twelve of the civil practice law and rules, provided that the occupancy, as described in sections five hundred twelve and five hundred twenty-two of this article, has been adverse, under claim of right, open and notorious, continuous, exclusive, and actual.3. Claim of right. A claim of right means a reasonable basis for the belief that the property belongs to the adverse possessor or property owner, as the case may be. Notwithstanding any other provision of this article, claim of right shall not be required if the owner or owners of the real property throughout the statutory period cannot be ascertained in the records of the county clerk, or the register of the county, of the county where such real property is situated, and located by reasonable means. |
N.Y. Real Prop. Acts. Law § 501 |
Section 511 - Adverse possession under written instrument or judgment |
Where the occupant or those under whom the occupant claims entered into the possession of the premises under claim of right, exclusive of any other right, founding the claim upon a written instrument, as being a conveyance of the premises in question, or upon the decree or judgment of a competent court, and there has been a continued occupation and possession of the premises included in the instrument, decree or judgment, or of some part thereof, for ten years, under the same claim, the premises so included are deemed to have been held adversely; except that when they consist of a tract divided into lots, the possession of one lot is not deemed a possession of any other lot. |
N.Y. Real Prop. Acts. Law § 511 |
Section 512 - Essentials of adverse possession under written instrument or judgment |
For the purpose of constituting an adverse possession, founded upon a written instrument or a judgment or decree, land is deemed to have been possessed and occupied in any of the following cases: |
1. Where there has been acts sufficiently open to put a reasonably diligent owner on notice.2. Where it has been protected by a substantial enclosure, except as provided in subdivision one of section five hundred forty-three of this article.3. Where, although not enclosed, it has been used for the supply of fuel or of fencing timber, either for the purposes of husbandry or for the ordinary use of the occupant. |
Where a known farm or a single lot has been partly improved, the portion of the farm or lot that has been left not cleared or not enclosed, according to the usual course and custom of the adjoining country, is deemed to have been occupied for the same length of time as the part improved and cultivated. |
N.Y. Real Prop. Acts. Law § 512 |
Section 521 - Adverse possession not under written instrument or judgment |
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