New York · statute · N.Y. Real Property Actions & Proceedings Law · 393 active provisions
AN ACT to reconsolidate laws relating to actions, rights of action and proceedings concerning real property, constituting chapter eighty-one of the consolidated laws Became a law March 13, 1962, with the approval of the Governor. Passed by a majority vote, three-fifths being present The People of the State of New York,…
ARTICLE 1 SHORT TITLE; DEFINITIONS; JURISDICTION OF CERTAIN ACTIONS; CONSTRUCTION OF ACT Section 101. Short title. 111. Definitions. 121. Jurisdiction of certain actions relating to real property situate without the state. 131. Construction of act of reconsolidation.
§ 101. Short title. This chapter shall be known as the real property actions and proceedings law and may be cited as "RPAPL".
§ 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 ch…
§ 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 i…
§ 131. Construction of act of reconsolidation. 1. This chapter shall be construed as a continuation and reenactment of the provisions of the real property law repealed by article 21 hereof as such provisions existed on December 31, 1961. 2.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 2 GENERAL PROVISIONS GOVERNING REAL PROPERTY ACTIONS Section 201. State tax commission, state or industrial commissioner as defendant in certain real property actions. 202. Pleading interest of the state. 202-a. Pleading interest of a city. 203. Judgment in action adversely affecting the title, interest or clai…
§ 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, wh…
§ 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 th…
§ 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…
§ 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…
§ 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 sec…
§ 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 dir…
§ 231. Sale; notice of; when and how conducted. 1. 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 n…
§ 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 lawfull…
§ 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 pur…
ARTICLE 3 PROVISIONS RELATING TO EVIDENCE Section 301. Conveyance and record as evidence. 311. Presumption of possession from legal title. 321. Proof of ownership of unoccupied lands and timber thereon. 331. Proof of lost execution or writ after sheriff's sale of real property. 341. Recitals as to heirships in conveyan…
§ 301. Conveyance and record as evidence. 1. 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…
§ 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…
§ 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…
§ 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…
§ 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 h…
§ 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 contai…
§ 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 heretofor…
ARTICLE 4 VALUING INTERESTS IN REAL PROPERTY Section 401. When interests are valued under this article. 402. Interest rate. 403. Mortality and other tables. 404. Evidence as to ancestry, health and habits of individual. 405. Interest defeasible by remarriage. 406. Computation by superintendent of financial services.