NY State — NY Real Property Actions & Proceedings Law

§ 851 — SECTION 851 Action against certain persons holding over as trespassers

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

What is NY RPAPL § 851?

Quick Answer

This section defines the circumstances under which a person in possession of real property, serving as a guardian or trustee for an infant, becomes a trespasser if they continue to occupy the property after their trust or estate has ended without consent. It allows for legal action to recover profits from wrongful occupation. Applies to individuals holding over in real property.

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

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§ 851 SECTION 851 Action against certain persons holding over as trespassers

RPAPL § 851

A person in possession of real property as guardian or trustee for an infant, or having an estate determinable upon one or more lives, who holds over and continues in possession after the determination of his trust or particular estate, without the express consent of the person then immediately entitled, is a trespasser. An action may be maintained against him or his executor or administrator, by the person so entitled, or his executor or administrator, to recover the full value of the profits received during the wrongful occupation.

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