§ 922 — Meeting of commissioners; report of actual partition; confirming or setting aside report

New York § 922

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

Text

§ 922. Meeting of commissioners; report of actual partition;\nconfirming or setting aside report. 1. All the commissioners shall meet\ntogether in the performance of any of their duties, but the acts of a\nmajority so met are valid. They shall make a full report of their\nproceedings, under their hands, specifying therein the manner in which\nthey have discharged their trust, describing the property divided and\nthe share or interest in a share allotted to each party, with the\nquantity, courses and distances or other particular description of each\nshare, and a description of the monuments; and specifying the items of\ntheir charges. Their report shall be acknowledged or proved, and\ncertified, in like manner as a deed to be recorded, and shall be filed\nin the office of the clerk.\n 2. The court shall confirm or set aside the report, and, if necessary,\nmay appoint new commissioners.\n 3. If the commissioners report that the property, or a particular lot,\ntract or other portion thereof is so circumstanced that a partition\nthereof cannot be made without great prejudice to the owners, the court\nmay render a supplemental interlocutory judgment reciting the facts and\ndirecting that the property or the distinct parcel so circumstanced be\nsold.\n