RPAPL 1061 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1052 Fees of surveyor or commissioner in action for dower up ARTICLE 10 Action For Dower next SECTION 1062 Plaintiff may recover sum awarded; court may modify judgment Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1061 Final judgment Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 10 § 1061. Final judgment. Upon the report being confirmed by the court, final judgment must be rendered. If the referee or commissioners have admeasured and laid off to the plaintiff a distinct parcel of the property, the judgment must award to her, during her natural life, the possession of that parcel, describing it, subject to the payment of all taxes, assessments, and other charges, accruing thereupon after she takes possession. If the referee or the commissioners report, that is not practicable, or that, in his or their opinion, it is not for the best interests of all the parties concerned, so to admeasure and lay off a distinct parcel of the property, the final judgment must direct, that a sum, fixed by the court, and specified therein, equal to one-third of the rental value of the real property, as ascertained by a reference or otherwise, be paid to the plaintiff, annually or oftener, as directed in the judgment, during her natural life, for her dower in the property; and that the sum so to be paid, be and remain a charge upon the property, during her natural life. The final judgment may also award damages for the withholding of dower.