§ 1711 — Grounds

New York § 1711

• Jurisdiction: New York
• Law RPA: Real Property Actions & Proceedings
• Art. 17: Special Proceeding For Disposition of Real Property of Infant, Incompetent or Conservatee

Text

§ 1711. Grounds. In any of the following cases, a special proceeding\nmay be maintained to dispose of the real property or an interest in real\nproperty of an infant, incompetent person or conservatee.\n 1. Where his personal property, together with the income of the real\nproperty are insufficient for the payment of his debts or for the\nmaintenance and necessary education of himself and his family.\n 2. Where his interests require or will be substantially promoted by\ndisposition, because the real property or interest in real property is\nexposed to waste or dilapidation, or is wholly or substantially\nunproductive, or because funds are needed to preserve or to improve the\nsame, or because of other peculiar reasons or circumstances.\n 3. Where he is seized or possessed of the real property, or interest\nin real property, by way of mortgage, or only in trust for another.\n 4. Where a valid contract for the sale or conveyance of the real\nproperty or interest in real property has been made, but a conveyance\nthereof cannot be made because the person in whom the title is vested is\nan infant, an incompetent, or a conservatee.\n 5. Where his interest will be substantially promoted by releasing or\njoining with others in releasing for a valuable consideration the\npossibility of reverter.\n 6. Where his interest will be substantially promoted by the exchange\nof a portion of his real property for lands adjacent to such real\nproperty if such exchange would tend to improve the boundary line of\nsuch real property.\n