N.Y. Real Property Actions & Proceedings Law Section 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.

Source: Section 851 — Action against certain persons holding over as trespassers, https://www.nysenate.gov/legislation/laws/RPA/851 (updated Sep. 22, 2014; accessed Feb. 21, 2026).

801
Who liable to action for waste 803
Alterations or replacements of structures by person having estate for life or years 811
Action for waste by heir, devisee or grantor of reversion 812
Action for waste by ward against guardian 813
Action for waste by grantee of real property sold under execution 815
Judgment in action for waste against tenant of particular estate 817
Action for waste against joint tenant or tenant in common 821
View in action for waste 831
Action by reversioner or remainderman 833
Recovery of fee damages by the owner of a possessory estate for life or for years 841
Action for nuisance 843
Fences and structures, when private nuisance 851
Action against certain persons holding over as trespassers 853
Action for forcible or unlawful entry or detainer 861
Action for cutting, removing, injuring or destroying trees or timber, and damaging lands thereon 871
Action for the removal of encroaching structures 881
Access to adjoining property to make improvements or repairs 882
Severability

Verified:
Feb. 21, 2026

Last modified:
Sep. 22, 2014

§ 851. Action against certain persons holding over as trespassers's source at nysenate.gov

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Location: https://newyork.public.law/laws/n.y._real_property_actions_and_proceedings_law_section_851

Original Source: Section 851 — Action against certain persons holding over as trespassers, https://www.nysenate.gov/legislation/laws/RPA/851 (last accessed Feb. 21, 2026).