Real Property Actions & Proceedings

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.

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

S 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.

S 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.

S 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real property law repealed by article 21 hereof as such provisions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.