§ 611 — Where action cannot be maintained: dower; property not exceeding six inches in width; by mortgagee

New York § 611

• Jurisdiction: New York
• Law RPA: Real Property Actions & Proceedings
• Art. 6: Action to Recover Real Property

Text

§ 611. Where action cannot be maintained: dower; property not\nexceeding six inches in width; by mortgagee. The action cannot be\nmaintained:\n 1. Where an action for dower may be maintained.\n 2. Where the real property consists of a strip of land not exceeding\nsix inches in width upon which there stands the exterior wall of a\nbuilding erected partly upon said strip and partly upon the adjoining\nlot, and a building has been erected upon land of the plaintiff abutting\non the said wall, unless said action be commenced within one year after\nthe completion of the erection of such wall. But an action may be\nmaintained if commenced within the further period of one year, for the\nrecovery of damages by reason of the erection of such wall, and upon the\nsatisfaction of the judgment for such damages the title of the plaintiff\nto such strip of land shall thereby be transferred to and vest in the\ndefendant. If an action for the recovery of real property or damages is\nnot brought within the period hereby limited therefor, the person in\npossession of such lands shall be deemed to have an easement in said\nstrip of land so long as the said wall partly erected thereon shall\nstand, and no longer, and in case of the destruction of such wall the\nowner of such strip shall have the same right to take or recover the\npossession thereof as if such wall had never existed.\n 3. By a mortgagee, or his assignee, or other representative.\n