2006 New York Code - Release Of Rents Reserved By Leases In Perpetuity.



 
    §  1901.  Release  of  rents reserved by leases in perpetuity. 1.  Any
  person interested in lands held under a lease in perpetuity, upon  which
  no  rent  has  been  paid  for  at  least  twenty years, may present his
  petition to the courts mentioned in  this  section  asking  that  it  be
  declared that the rents and reversion have been released to the owner of
  the  fee.  Such petition shall be verified, shall describe the lease and
  allege that the rents and reversion have been released, and shall  state
  such  facts as the petitioner can ascertain relative to the execution of
  a release and the identity of the persons who  would  otherwise  be  the
  present  owners  of  the  rents  and  reversion and the last known owner
  thereof.
    2. Such petition may be presented to  the  supreme  court  or  to  the
  county  court  of the county where the lands are situated. The court may
  thereupon order all persons interested to show cause at a  certain  time
  and  place  why  the  rents and reversion should not be declared to have
  been released.  A description of the lease and  lands  affected  thereby
  and the name of the last known owner of the rents and reversion shall be
  specified  in  such  order,  and  the  order  shall be published in such
  newspaper or newspapers and for such time as the court shall direct. The
  court may also direct the  order  to  be  personally  served  upon  such
  persons as it shall designate.
    3.  The court may issue commissions to take the testimony of witnesses
  and may refer the petition to a referee to take and report proofs of the
  facts stated in the petition. Upon  being  satisfied  that  the  matters
  alleged  in the petition are true, the court may make an order declaring
  that the rents and reversion have been released to the owner of the fee.
  The nonpayment of rent under any such lease for twenty  years  shall  be
  presumptive evidence of such a release.
    4.  The  entry  of such order in the office of the clerk of the county
  where such lands are situated shall have the same effect as a release of
  such rents and reversion to such owner then duly executed and  recorded.
  The  county clerk shall note on the margin of the record of the original
  lease a minute of the entry of such order.

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