NY State — NY Real Property Actions & Proceedings Law

§ 1701 — SECTION 1701 Definitions

Brooklyn since 2014All five boroughsSame-day response during business hours

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

What is NY RPAPL § 1701?

Quick Answer

This section provides definitions for terms used in the article, including 'incompetent person,' 'conservatee,' and 'interest in real property.' It clarifies the roles of guardians and conservators as defined by mental hygiene law. Applies to legal matters involving property management for individuals unable to care for themselves.

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

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 1701 SECTION 1701 Definitions

RPAPL § 1701

As used in this article:

1.The term "incompetent person" means a person incompetent to manage his affairs of whose property a committee has been appointed pursuant to section 78.07 of the mental hygiene law.

2.The term "conservatee" means a person who has suffered substantial impairment of his ability to care for his property or has become unable to provide for himself or others dependent upon him for support for whom a conservator of his property has been appointed, pursuant to section 77.01 of the mental hygiene law.

3.The term "interest in real property" includes any term, estate or other interest in real property, vested or contingent, of an infant in being, an incompetent person, or a conservatee including an inchoate right of dower and a possibility of reverter, and also the contingent interest of an infant not in being.

4.The term "possibility of reverter" means the possibility that upon breach of a condition or termination of an estate by limitation the right of re-entry will vest in, or real property will revert to, an infant, incompetent person or conservatee or his heirs solely or in common with others.

5.The term "dispose of" means to sell, convey, exchange, mortgage, release or lease.

6.The term "guardian, committee or conservator" refers to the general or testamentary guardian or guardian appointed by deed of the property of the infant, or the committee of the property of the incompetent person or patient appointed pursuant to the provisions of section 78.03 or 78.07 of the mental hygiene law, the conservator of the property of a conservatee appointed pursuant to the provisions of article seventy-seven of the mental hygiene law, or to the guardian of the infant, incompetent person or conservatee appointed as prescribed by this article.

Common Questions

Our team

Meet the people you will work with

Free case review

Talk to an attorney before you act on NYC code.

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters