§ 921 — Actual partition

New York § 921

• Jurisdiction: New York
• Law RPA: Real Property Actions & Proceedings
• Art. 9: Action For Partition

Text

§ 921. Actual partition. 1. The commissioners designated by the\ninterlocutory judgment shall forthwith proceed to make partition as\ndirected by such judgment, unless it appears to them that partition\nthereof, or of a particular lot, tract or other portion thereof, cannot\nbe made without great prejudice to the owners; in which case, they shall\nmake a written report of that fact to the court.\n 2. The commissioners shall divide the property into distinct parcels\nand allot the several parcels to the respective parties, quality and\nquantity being relatively considered, according to the respective rights\nand interest of the parties as fixed by the interlocutory judgment.\nThey shall designate the several parcels by suitable monuments. They may\nemploy a surveyor, with the necessary assistants, to aid them.\n 3. Where a party has a right of dower in the property, or a part\nthereof, which has not been admeasured, or has an estate by the curtesy\nor for life or for years in an undivided share of the property, the\ncommissioners may allot to that party his share without reference to the\nduration of the estate. They may make partition of the share so allotted\nto that party, among the parties who are entitled to the remainder or\nreversion thereof, to be enjoyed by them upon the determination of the\nparticular estate, where, in the opinion of the commissioners, such a\npartition can be made without prejudice to the rights of the parties.\n