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§ 507.Real property actions

Article 5. Venue · Last amended 1963 · Last verified July 21, 2026

In one sentenceCPLR 507 requires an action affecting title to, or the possession, use, or enjoyment of, real property to be tried in the county where any part of that property is located.

Full Text of CPLR 507

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The place of trial of an action in which the judgment demanded would affect the title to, or the possession, use or enjoyment of, real property shall be in the county in which any part of the subject of the action is situated.

Plain-English Summary

CPLR 507 fixes venue by subject matter rather than by who the parties are. Whenever the judgment demanded would affect title to real property, or its possession, use, or enjoyment, the place of trial is the county where any part of the property sits. That reach covers claims like quiet title, partition, and ejectment, along with other claims seeking a judgment that would change who holds title or what interests exist in the land. When a property crosses county lines, venue is proper in either county, since the rule only asks that any part of the property lie within the chosen county.

The reasoning behind tying venue to the property's location is practical: the records, the witnesses, and the property itself are all there, making that county the natural place to try a dispute about it. That makes CPLR 507 one of the few venue rules in Article 5 that doesn't bend to where the parties happen to live, unlike the residence-based defaults in CPLR 503.

Because the rule is tied to the property rather than the parties, a defendant can move to change venue under CPLR 510(1) if the plaintiff filed in a county with no part of the property in it, regardless of where either party resides.

Frequently Asked Questions

Where do I file a lawsuit over real property in New York?

In the county where any part of the property is located, whenever the judgment sought would affect title to, or the possession, use, or enjoyment of, that property.

Does it matter where the parties live in a real property lawsuit?

No. CPLR 507 ties venue to the property's location, not to either party's residence.

What if the property spans more than one county?

Venue is proper in either county, since CPLR 507 only requires that any part of the property lie within the county chosen.

What kinds of claims count as real property actions under CPLR 507?

Any action in which the judgment demanded would affect title to the property or its possession, use, or enjoyment — quiet title and partition actions among them.

Can a court change venue if I filed a real property case in the wrong county?

Yes. A defendant can move to change venue under CPLR 510 if the county chosen has no part of the property in it, since CPLR 507's location-based rule controls regardless of the parties' residence.

Advisory Committee Notes

This provision is based upon CPA § 183(9). No change of substance is intended. The listing of specific types of real property actions found in § 183 seems unnecessary, since the language is broad enough to cover all of the specific listings.

Amendment History

Add, L 1962, ch 308, eff Sept 1, 1963.

Source & verification. Provision text, History, and Advisory Committee Notes are reproduced verbatim from the Consolidated Laws of New York. Last verified July 21, 2026. · Official source
Also known as: real property action venue New Yorkquiet title lawsuit venue NYwhere to sue over land New YorkCPLR 507 venue real property