§ 833 — Recovery of fee damages by the owner of a possessory estate for life or for years

New York § 833

• Jurisdiction: New York
• Law RPA: Real Property Actions & Proceedings
• Art. 8: Waste and Other Actions and Rights of Action For Injury to Real Property

Text

§ 833. Recovery of fee damages by the owner of a possessory estate for\nlife or for years. When the ownership of land is divided into a\npossessory estate for life or for years and one or more future\ninterests, and a person having none of these interests causes damage to\nsuch land, the damages recoverable by the owner of such possessory\ninterest from the wrongdoing third person may include damages caused to\ninterests in the affected land other than those owned by parties to the\naction or proceeding when, but only when, all living persons who have\neither a possessory or a future interest in the affected land are\nparties thereto. The court in which any such recovery of damages occurs\nshall make such direction for the distribution of the damages recovered\namong the persons who are parties to the action or proceeding and for\nthe protection of the interests of persons who are not parties thereto,\nas justice may require.\n A tenant for life or for years in the land damaged is entitled to\nreceive from the recovery, in satisfaction of the damage to his estate\nor interest, either a sum in gross or the earnings of a sum invested for\nhis benefit. The determination as to whether a sum in gross or the\nearnings of a sum invested shall be awarded to the owner of such\nparticular estate shall be governed by the provisions with respect to\nthe proceeds of a sale in partition.\n