NY State — NY Real Property Actions & Proceedings Law

§ 1755 — SECTION 1755 Proceeds of sale deemed real property

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 § 1755?

Quick Answer

This section establishes that the proceeds from the sale of real property owned by an infant or incompetent person are considered to be real property until the individual reaches full age or their incompetency is resolved. The statute ensures that the proceeds reflect the original interest held in the property. Applies to transactions involving infants or incompetent persons selling real property.

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 →

§ 1755 SECTION 1755 Proceeds of sale deemed real property

RPAPL § 1755

A sale of real property, or of an interest in real property other than a possibility of reverter, of an infant or incompetent person, does not give to the infant or incompetent person any other or greater interest in the proceeds of the sale than he had in the property or interest sold. Those proceeds are deemed property of the same nature as the estate or interest sold until the infant arrives at full age or the incompetency is removed. The proceeds of the release of a possibility of reverter shall be deemed and treated as if they were proceeds of real property of which the infant was seized and possessed. If the incompetent person dies after the sale, having specifically devised the property sold, the provisions of section thirty-six of the decedent estate law shall apply to the devise.

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