reglab/statecodes huggingface dataset:
2023 New York Laws › RPP - Real Property › Article 14 - Property Condition Disclosure in the Sale of Residential Real Property › 463 - Exemptions.

§ 463. Exemptions. A property condition disclosure statement shall not
  be  required  in  connection  with  any  of  the  following transfers of
  residential real property:
1. A transfer pursuant to a court order, including,  but  not  limited
  to,  a  transfer order by a probate court during the administration of a
  decedent's estate, a  transfer  pursuant  to  a  writ  of  execution,  a
  transfer  by a trustee in bankruptcy or debtor-in-possession, a transfer
  as a result of the exercise of  the  power  of  eminent  domain,  and  a
  transfer  that  results  from  a  decree  for  specific performance of a
  contract or other agreement between two or more persons;
2. A transfer to mortgagee or an  affiliate  or  agent  thereof  by  a
  mortgagor  by  deed  in  lieu  of  foreclosure or in satisfaction of the
  mortgage debt;
3. A transfer to a beneficiary of a deed of trust;
4. A transfer pursuant to a foreclosure sale that follows a default in
  the satisfaction of an obligation that is secured by a mortgage;
5. A transfer by a sale under a power of sale that follows  a  default
  in the satisfaction of an obligation that is secured by a mortgage;
6. A transfer by a mortgagee, or a beneficiary under a mortgage, or an
  affiliate  or  agent  thereof,  who  has  acquired  the residential real
  property at a sale under a mortgage or who has acquired the  residential
  real property by a deed in lieu of foreclosure;
7.  A transfer by a fiduciary in the course of the administration of a
  descendent's estate, a guardianship, a conservatorship, or a trust;
8. A transfer from one co-owner to one or more other co-owners;
9. A transfer made to the  transferor's  spouse  or  to  one  or  more
  persons in the lineal consanguinity of one or more of the transferors;
10.  A  transfer  between  spouses  or former spouses as a result of a
  decree  of  divorce,  dissolution  of  marriage,  annulment,  or   legal
  separation  or  as a result of property settlement, agreement incidental
  to a decree of divorce, dissolution  of  marriage,  annulment  or  legal
  separation;
11.  A  transfer  to or from the state, a political subdivision of the
  state, or another governmental entity;
12. A  transfer  that  involves  newly  constructed  residential  real
  property that previously had not been inhabited;
13. A transfer by a sheriff; or
14. A transfer pursuant to a partition action.
2023 New York Laws › RPP - Real Property › Article 14 - Property Condition Disclosure in the Sale of Residential Real Property › 464 - Revision.

§  464.  Revision.  If  a seller of residential real property acquires
  knowledge which  renders  materially  inaccurate  a  property  condition
  disclosure  statement  provided  previously,  the seller shall deliver a
  revised property condition disclosure statement to the buyer as soon  as
  practicable. In no event, however, shall a seller be required to provide
  a  revised property condition disclosure statement after the transfer of
  title from the seller to the buyer or occupancy by the buyer,  whichever
  is earlier.
2023 New York Laws › RPP - Real Property › Article 14 - Property Condition Disclosure in the Sale of Residential Real Property › 465 - Liability.

§  465.  Liability.  1.  Nothing  contained  in  this article shall be
  construed as limiting any existing legal cause of action  or  remedy  at
  law, in statute or in equity.
2.  Any  seller who provides a property condition disclosure statement
  or provides or fails to provide a revised property condition  disclosure
  statement  shall  be  liable  only  for a willful failure to perform the
  requirements of this article. For such a  willful  failure,  the  seller
  shall be liable for the actual damages suffered by the buyer in addition
  to any other existing equitable or statutory remedy.
2023 New York Laws › RPP - Real Property › Article 14 - Property Condition Disclosure in the Sale of Residential Real Property › 466 - Duty of an Agent.

§ 466. Duty of an agent. An agent representing a seller of residential
  real  property  as a listing broker shall have the duty to timely inform
  each seller represented by that agent of the seller's obligations  under
  this  article.  An  agent  representing  a  buyer  of  residential  real
  property, or, if the buyer is not represented by  an  agent,  the  agent
  representing  a  seller  of residential real property and dealing with a
  prospective buyer, shall have the duty to timely (in any  event,  before
  the  buyer  signs  a  binding contract of sale) inform such buyer of the
  buyer's rights and obligations under this article. If an agent  performs
  the  duties  and  obligations  imposed  upon him or her pursuant to this
  section, the agent shall have no further duties under this  article  and
  shall not be liable to any party for a violation of this article.
2023 New York Laws › RPP - Real Property › Article 15 - Prohibition and Disclosure of Private Transfer Fee Obligations › 471 - Intent.

§  471.  Intent.  The  legislature  finds and declares that the public
  policy of this state favors the marketability of real property  and  the
  transferability  of  interests in real property free of title defects or
  unreasonable restraints on alienation. The legislature further finds and
  declares that private  transfer  fee  obligations  violate  this  public
  policy  by  impairing  the  marketability  and  transferability  of real
  property and by constituting an  unreasonable  restraint  on  alienation
  regardless  of  the duration of the obligation to pay a private transfer
  fee, the amount of a private transfer fee, or the method  by  which  any
  private  transfer fee is created or imposed. Thus, the legislature finds
  and declares that a private transfer fee obligation shall not  run  with
  the  title  to  property or otherwise bind subsequent owners of property
  under any common law or equitable principle.
2023 New York Laws › RPP - Real Property › Article 15 - Prohibition and Disclosure of Private Transfer Fee Obligations › 473 - Prohibition.

§  473.  Prohibition.  A  private  transfer fee obligation recorded or
  entered into in this state on  or  after  the  effective  date  of  this
  section  does not run with the land and is not binding on or enforceable
  at law or in equity against any owner, purchaser, or  mortgagee  of  any
  interest  in  real  property as an equitable servitude or otherwise. Any
  private transfer fee obligation that is recorded or entered into in this
  state on or after the  effective  date  of  this  section  is  void  and
  unenforceable.  This  section  shall not apply to a private transfer fee
  obligation recorded or entered into prior to the effective date of  this
  section.  This  section  shall  not  be deemed to require that a private
  transfer fee obligation recorded, filed or entered into  in  this  state
  before  the  effective  date  of  this  section  is  presumed  valid and
  enforceable. It is the public policy  of  this  state  that  no  private
  transfer  fee  obligation shall be valid or enforceable whenever entered
  into, recorded or filed. Furthermore, this article  shall  not  validate
  any  private  transfer fee agreement that is contrary to the law of this
  state.
2023 New York Laws › RPP - Real Property › Article 15 - Prohibition and Disclosure of Private Transfer Fee Obligations › 474 - Liability for Violation.

§  474. Liability for violation. Any person who records or enters into
  an agreement imposing a private transfer fee obligation in  their  favor
  or  in  the  favor  of  a  third  party after the effective date of this
  section shall be liable for (1) any and all damages resulting  from  the
  imposition of the transfer fee obligation on the transfer of an interest
  in  the  real property, including, without limitation, the amount of any
  transfer fee paid by a party to the transfer,  and  (2)  all  attorneys'
  fees,  expenses  and  costs  incurred  by  a  party  to  the transfer or
  mortgagee of the real property to recover any transfer fee  paid  or  in
  connection  with an action to quiet title. Where an agent acts on behalf
  of a principal to record or secure a private  transfer  fee  obligation,
  liability shall be assessed to the principal, rather than the agent.
2023 New York Laws › RPP - Real Property › Article 15 - Prohibition and Disclosure of Private Transfer Fee Obligations › 475 - Disclosure.

§  475.  Disclosure.  Prior  to  the signing by the buyer of a binding
  contract for the sale of real property, the seller shall furnish to  any
  purchaser  a  written  statement disclosing the existence of any private
  transfer  fee  obligation.  This  written  statement  shall  include   a
  description  of  the  private  transfer  fee  obligation  and  include a
  statement  that  private  transfer  fee  obligations  are   subject   to
  prohibitions under this section.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 1 - Short Title; Definitions; Jurisdiction of Certain Actions; Construction of Act › 111 - Definitions.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 1 - Short Title; Definitions; Jurisdiction of Certain Actions; Construction of Act › 121 - Jurisdiction of Certain Actions Relating to Real Property Situate Without the State.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 1 - Short Title; Definitions; Jurisdiction of Certain Actions; Construction of Act › 131 - Construction of Act of Reconsolidation.

§  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 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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 2 - General Provisions Governing Real Property Actions › 201 - State Tax Commission, State or Industrial Commissioner as Defendant in Certain Real Property Actions.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 2 - General Provisions Governing Real Property Actions › 202 - Pleading Interest of the State.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 2 - General Provisions Governing Real Property Actions › 202-A - Pleading Interest of a City.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 2 - General Provisions Governing Real Property Actions › 203 - Judgment in Action Adversely Affecting the Title, Interest or Claim of the State Based Upon Tax Deed.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 2 - General Provisions Governing Real Property Actions › 211 - Prevention of Waste or Damage During Pendency.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 2 - General Provisions Governing Real Property Actions › 221 - Compelling Delivery of Possession of Real Property.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 2 - General Provisions Governing Real Property Actions › 232 - Purchases by Certain Officers Prohibited; Penalty.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 2 - General Provisions Governing Real Property Actions › 241 - Persons Bound by Judgment in Certain Actions.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 3 - Provisions Relating to Evidence › 301 - Conveyance and Record as Evidence.

§  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 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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 3 - Provisions Relating to Evidence › 311 - Presumption of Possession From Legal Title.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 3 - Provisions Relating to Evidence › 321 - Proof of Ownership of Unoccupied Lands and Timber Thereon.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 3 - Provisions Relating to Evidence › 331 - Proof of Lost Execution or Writ After Sheriff's Sale of Real Property.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 3 - Provisions Relating to Evidence › 341 - Recitals as to Heirships in Conveyances.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 3 - Provisions Relating to Evidence › 342 - Recitals in Judgments Affecting Title to Real Property as Evidence.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 3 - Provisions Relating to Evidence › 351 - Evidence as to Common Lands in the City of New York.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 4 - Valuing Interests in Real Property › 401 - When Interests Are Valued Under This Article.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 4 - Valuing Interests in Real Property › 403 - Mortality and Other Tables.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 4 - Valuing Interests in Real Property › 404 - .

§ 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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 4 - Valuing Interests in Real Property › 405 - Interest Defeasible by Remarriage.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 4 - Valuing Interests in Real Property › 406 - Computation by Superintendent of Financial Services.

§ 406. Computation by superintendent of financial services. 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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 5 - Adverse Possession › 501 - Adverse Possession; Defined.

§ 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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 5 - Adverse Possession › 511 - Adverse Possession Under Written Instrument or Judgment.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 5 - Adverse Possession › 512 - Essentials of Adverse Possession Under Written Instrument or Judgment.

§  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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 5 - Adverse Possession › 521 - Adverse Possession Not Under Written Instrument or Judgment.

§  521.  Adverse  possession not under written instrument or judgment.
  Where there has been an actual continued occupation of premises under  a
  claim  of  right,  exclusive  of any other right, but not founded upon a
  written instrument or a judgment or decree,  the  premises  so  actually
  occupied, and no others, are deemed to have been held adversely.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 5 - Adverse Possession › 522 - Essentials of Adverse Possession Not Under Written Instrument or Judgment.

§  522.  Essentials of adverse possession not under written instrument
  or judgment. For the purpose of constituting an adverse  possession  not
  founded  upon  a  written  instrument  or  a judgment or decree, land is
  deemed to have been possessed and occupied in either  of  the  following
  cases, and no others:
1.  Where  there  have 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.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 5 - Adverse Possession › 531 - Adverse Possession, How Affected by Relation of Landlord and Tenant.

§  531.  Adverse  possession, how affected by relation of landlord and
  tenant. Where the relation of  landlord  and  tenant  has  existed,  the
  possession  of the tenant is deemed the possession of the landlord until
  the expiration of ten years after the termination of  the  tenancy;  or,
  where there has been no written lease, until the expiration of ten years
  after  the  last  payment  of  rent; notwithstanding that the tenant has
  acquired another title or has claimed to hold adversely to his landlord.
  But this presumption shall cease after the periods  prescribed  in  this
  section  and  such  tenant  may  then  commence to hold adversely to his
  landlord.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 5 - Adverse Possession › 541 - Adverse Possession, How Affected by Relation of Tenants in Common.

§  541.  Adverse  possession,  how  affected by relation of tenants in
  common. Where the  relation  of  tenants  in  common  has  existed,  the
  occupancy  of one tenant, personally or by his servant or by his tenant,
  is deemed to have been the possession of the other, notwithstanding that
  the tenant so occupying the premises has acquired another title  or  has
  claimed to hold adversely to the other. But this presumption shall cease
  after  the  expiration of ten years of continuous exclusive occupancy by
  such tenant,  personally  or  by  his  servant  or  by  his  tenant,  or
  immediately upon an ouster by one tenant of the other and such occupying
  tenant may then commence to hold adversely to his cotenant.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 5 - Adverse Possession › 543 - Adverse Possession; How Affected by Acts Across a Boundary Line.

§  543.  Adverse  possession;  how  affected by acts across a boundary
  line.   1. Notwithstanding any other  provision  of  this  article,  the
  existence  of de minimus non-structural encroachments including, but not
  limited  to,   fences,   hedges,   shrubbery,   plantings,   sheds   and
  non-structural walls, shall be deemed to be permissive and non-adverse.
2.  Notwithstanding  any  other provision of this article, the acts of
  lawn mowing or similar  maintenance  across  the  boundary  line  of  an
  adjoining   landowner's   property   shall   be  deemed  permissive  and
  non-adverse.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 5 - Adverse Possession › 551 - Right of Person to Possession Not Affected by Descent Cast.

§ 551. Right of person to possession not affected by descent cast. The
  right  of a person to the possession of real property is not impaired or
  affected by a descent being cast in consequence of the death of a person
  in possession of the property.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 6 - Action to Recover Real Property › 601 - Damages for Withholding Real Property Obtainable in Action to Recover Possession; Set-Off by Defendant.

§  601.  Damages for withholding real property obtainable in action to
  recover possession; set-off by defendant. In an action  to  recover  the
  possession  of  real  property,  the  plaintiff  may recover damages for
  withholding the property, including the rents and profits or  the  value
  of  the  use and occupation of the property for a term not exceeding six
  years; but the damages shall not include the value of  the  use  of  any
  improvements  made by the defendant or those under whom he claims. Where
  permanent improvements have been made in good faith by the defendant  or
  those  under  whom  he  claims,  while  holding,  under  color of title,
  adversely to the plaintiff, the value thereof must  be  allowed  to  the
  defendant  in  reduction of the damages of the plaintiff, but not beyond
  the amount of those damages.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 6 - Action to Recover Real Property › 611 - Where Action Cannot Be Maintained: Dower; Property Not Exceeding Six Inches in Width; by Mortgagee.

§  611.  Where  action  cannot  be  maintained:  dower;  property  not
  exceeding six inches in  width;  by  mortgagee.  The  action  cannot  be
  maintained:
1. Where an action for dower may be maintained.
2.  Where  the real property consists of a strip of land not exceeding
  six inches in width upon which there  stands  the  exterior  wall  of  a
  building  erected  partly  upon said strip and partly upon the adjoining
  lot, and a building has been erected upon land of the plaintiff abutting
  on the said wall, unless said action be commenced within one year  after
  the  completion  of  the  erection  of  such  wall. But an action may be
  maintained if commenced within the further period of one year,  for  the
  recovery of damages by reason of the erection of such wall, and upon the
  satisfaction of the judgment for such damages the title of the plaintiff
  to  such  strip  of land shall thereby be transferred to and vest in the
  defendant. If an action for the recovery of real property or damages  is
  not  brought  within  the  period hereby limited therefor, the person in
  possession of such lands shall be deemed to have  an  easement  in  said
  strip  of  land  so  long  as the said wall partly erected thereon shall
  stand, and no longer, and in case of the destruction of  such  wall  the
  owner  of  such  strip  shall have the same right to take or recover the
  possession thereof as if such wall had never existed.
3. By a mortgagee, or his assignee, or other representative.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 6 - Action to Recover Real Property › 621 - Separate Action by Joint Tenant or Tenant in Common.

§ 621. Separate action by joint tenant or tenant in common.  Where two
  or more persons are entitled to the possession of real property as joint
  tenants  or  tenants  in  common,  one  or more of them may maintain the
  action to recover his or their undivided shares in the property  in  any
  case where such an action might be maintained by all.
2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 6 - Action to Recover Real Property › 623 - Action by Grantee of Lands Held Adversely.

§  623. Action by grantee of lands held adversely. The action shall be
  maintained by a grantee, his executors, administrators or assigns in his
  own name, although at the time of the conveyance, such real property was
  in the actual possession of a person claiming under a title  adverse  to
  that of the grantor.