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Current as of January 01, 2026 | Updated by Findlaw Staff
1. When the assets of a trust include an interest in real property, the trustee may apply to the court designated in section 1603, and in the case of a testamentary trust, to the court having jurisdiction thereof, for an order authorizing such trustee to mortgage, to lease or to sell such real property or a part thereof; or to acquire land adjacent to such real property or to exchange a portion of such real property for lands adjacent to such real property when either such acquisition or exchange would tend to improve the boundary lines of such real property; or to confirm a lease for a term longer than ten years made by a trustee of such real property without obtaining prior authorization by a court.
2. An application for an order authorizing a trustee to acquire land adjacent to real property in which the trustee has an interest, or as to which he has a power of sale, may also be made when such real property and the adjacent land to be acquired have the same building or physically connected buildings thereon.
Cite this article: FindLaw.com - New York Consolidated Laws, Real Property Actions and Proceedings Law - RPA § 1601. Application by trustee for court authorization to mortgage, to lease, to sell, to acquire or to exchange real property or for confirmation of a lease of real property - last updated January 01, 2026 | https://codes.findlaw.com/ny/real-property-actions-and-proceedings-law/rpa-sect-1601/
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