New York § 1901 Release of rents reserved by leases in perpetuity

New York Statutes

§ 1901 — Release of rents reserved by leases in perpetuity

New York § 1901

Law RPAReal Property Actions & Proceedings

Art. 19Discharge or Extinguishment of Encumbrances, Claims and Interests

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Bluebook

N.Y. Real Property Actions & Proceedings § 1901 (2026).

Text

§ 1901. Release of rents reserved by leases in perpetuity.

1.Any\nperson interested in lands held under a lease in perpetuity, upon which\nno rent has been paid for at least twenty years, may present his\npetition to the courts mentioned in this section asking that it be\ndeclared that the rents and reversion have been released to the owner of\nthe fee. Such petition shall be verified, shall describe the lease and\nallege that the rents and reversion have been released, and shall state\nsuch facts as the petitioner can ascertain relative to the execution of\na release and the identity of the persons who would otherwise be the\npresent owners of the rents and reversion and the last known owner\nthereof.\n 2. Such petition may be presented to the supreme court or to the\ncounty court of

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§ 1901. Release of rents reserved by leases in perpetuity. 1. Any\nperson interested in lands held under a lease in perpetuity, upon which\nno rent has been paid for at least twenty years, may present his\npetition to the courts mentioned in this section asking that it be\ndeclared that the rents and reversion have been released to the owner of\nthe fee. Such petition shall be verified, shall describe the lease and\nallege that the rents and reversion have been released, and shall state\nsuch facts as the petitioner can ascertain relative to the execution of\na release and the identity of the persons who would otherwise be the\npresent owners of the rents and reversion and the last known owner\nthereof.\n 2. Such petition may be presented to the supreme court or to the\ncounty court of the county where the lands are situated. The court may\nthereupon order all persons interested to show cause at a certain time\nand place why the rents and reversion should not be declared to have\nbeen released. A description of the lease and lands affected thereby\nand the name of the last known owner of the rents and reversion shall be\nspecified in such order, and the order shall be published in such\nnewspaper or newspapers and for such time as the court shall direct. The\ncourt may also direct the order to be personally served upon such\npersons as it shall designate.\n 3. The court may issue commissions to take the testimony of witnesses\nand may refer the petition to a referee to take and report proofs of the\nfacts stated in the petition. Upon being satisfied that the matters\nalleged in the petition are true, the court may make an order declaring\nthat the rents and reversion have been released to the owner of the fee.\nThe nonpayment of rent under any such lease for twenty years shall be\npresumptive evidence of such a release.\n 4. The entry of such order in the office of the clerk of the county\nwhere such lands are situated shall have the same effect as a release of\nsuch rents and reversion to such owner then duly executed and recorded.\nThe county clerk shall note on the margin of the record of the original\nlease a minute of the entry of such order.\n