RPAPL 851 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 843 Fences and structures, when private nuisance up ARTICLE 8 Waste and Other Actions and Rights of Action For Injury to Real Property next SECTION 853 Action for forcible or unlawful entry or detainer; treble damages Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 851 Action against certain persons holding over as trespassers Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 8 § 851. Action against certain persons holding over as trespassers. A person in possession of real property as guardian or trustee for an infant, or having an estate determinable upon one or more lives, who holds over and continues in possession after the determination of his trust or particular estate, without the express consent of the person then immediately entitled, is a trespasser. An action may be maintained against him or his executor or administrator, by the person so entitled, or his executor or administrator, to recover the full value of the profits received during the wrongful occupation.