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REAL PROPERTY LAW.

(L 1909, CHAP. 52, BEING CHAP. 50 OF THE CONSOLIDATED LAWS. IN EFFECT FEB. 17, 1909.)

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ARTICLE 1. Short title; definitions (§§ 1, 2).

2. Tenure of real property (§§ 10-18).

3. Creation and division of estates (§§ 30-73).

4. Uses and trusts 7§§ 90-117).

5. Powers (§§ 130-182).

6. Dower (§§ 190-207).

7. Landlord and tenant (§§ 220-232).

8. Conveyances and mortgages (§§ 240-275).

9. Recording instruments affecting real property (§§ 290-335).

10. Discharge of ancient mortgages (§§ 340-344).

11. Quieting title to real property (§§ 360–366).

12. Registering title to real property (§§ 370-435).

13. Cemetery lands (§§ 450, 451).

14. Laws repealed; construction when to take efect (§§ 460–462).

ARTICLE 1.

SHORT TITLE; DEFINITIONS.

SECTION 1. Short title.

2. Definitions.

1. Short title.

This chapter shall be known as the "Real Property Law."
Derivation: Real Property Law, § 1 pt.

§ 2. Definitions.

The terms "real property real property" and "lands" as used in the first eight articles of this chapter are co-extensive in meaning with lands, tenements and hereditaments.

Derivation: Real Property Law, § 1 pt.

ARTICLE 2.

TENURE OF REAL PROPERTY.

SECTION 10. Capacity to hold real property.

11. Capacity to transfer real property.

12. Deposition of resident alien. [Repealed.]

13. When and how alien may acquire and transfer real property.

[Repealed.]

14. Effect of woman's marriage with alien. [Repealed.]

15. Title through alien.

16. Liabilities of alien holders of real property.

17. Heirs of patriotic Indian.

18. Mines in Saint Lawrence county.

§ 10. Capacity to hold real property.

1. A citizen of the United States is capable of holding real property within this state, and of taking the same by descent, devise or purchase.

2. Alien friends are empowered to take, hold, transmit and dispose of real property within this state in the same manner as native-born citizens and their heirs and devisees take in the same manner as citizens; provided, however, that nothing herein contained shall affect the rights of this state in any action or proceeding for escheat instituted before May nineteenth, eighteen hundred and ninety-seven. (Amended by L. 1913, ch. 152, in effect Apr. 1, 1913.)

Derivation: Real Property Law, § 2; L. 1897, ch. 593, § 1, incorporated.

11. Capacity to transfer real property.

A person other than a minor, an idiot, or person of unsound mind, seized of or entitled to an estate or interest in real property, may transfer such estate or interest.

Derivation: Real Property Law, § 3.

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12. Deposition of resident alien.

[Repealed by L. 1913, ch. 152, in effect Apr. 1, 1913.]

13. When and how alien may acquire and transfer real property. [Repealed by L. 1913, ch. 152, in effect Apr. 1, 1913.]

§ 14. Effect of woman's marriage with alien.

[Repealed by L. 1913, ch. 152, in effect Apr. 1, 1913.]]

§ 15. Title through alien.

The right, title or interest in or to real property in this state now held or hereafter acquired by any person entitled to hold the same cannot be questioned or impeached by reason of the alienage of any person through whom such title may have been derived. Nothing in this section affects or impairs the right of any heir, devisee, mortgagee, or creditor by judgment or otherwise.

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Derivation: Real Property Law, § 7.

§ 16. Liabilities of alien holders of real property.

Every alien holding real property in this state is subject to duties, assessments, taxes and burdens as if he were a citizen of the

state.

Derivation: Real Property Law, § 8.

§ 17. Heirs of patriotic Indian.

The heirs of an Indian to whom real property was granted for military services rendered during the war of the Revolution may take and hold such real property by descent as if they were citizens of the state at the time of the death of their ancestors. A conveyance of such real property to a citizen of this state, executed by such Indian or his heirs after March seventh, eighteen hundred and nine, is valid, if executed with the approval of the surveyor-general or state engineer and surveyor indorsed thereupon.

Derivation: Real Property Law, § 9.

§ 18. Mines in Saint Lawrence county.

The proprietors of any mines or veins of lead or copper in the county of Saint Lawrence, may demise, lease, or rent the same for a period not to exceed twenty-one years from the date of any such lease, to any foreign individual or company, and such lessee may take, hold, work, use or convey the same during the said term, in the same manner and subject to the same liabilities as if such lessee were a natural born citizen.

Derivation: L. 1855 ch. 17, § 1.

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