NY State — NY Real Property Actions & Proceedings Law

§ 221 — SECTION 221 Compelling delivery of possession of real property

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

What is NY RPAPL § 221?

Quick Answer

This section allows a court to compel the delivery of possession of real property as part of a judgment affecting title or possession. If a party withholds possession from the entitled person, the court may order the sheriff to enforce this delivery. Applies to parties involved in real property disputes.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 221 SECTION 221 Compelling delivery of possession of real property

RPAPL § 221

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.

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