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This entry was published on 2014-09-22
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SECTION 1074
Direction that a part be laid off
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 10
§ 1074. Direction that a part be laid off. In a case specified in
section 1071, where the property, or a part thereof, consists of one or
more vacant or unimproved lots, the plaintiff's consent may contain a
stipulation to take a distinct parcel, out of those lots, in lieu of a
gross sum. In that case, the interlocutory judgment, instead of
directing a sale, may direct if it appears to be just so to do, that
commissioners be appointed to admeasure and lay off to the plaintiff a
distinct parcel, out of the vacant or unimproved lots; and, if there is
any other property, that it be sold, and a gross sum be paid to her out
of the proceeds thereof, as prescribed in sections 1075, 1076, 1077 and
1078. The plaintiff's title to each distinct parcel, admeasured and laid
off to her, as prescribed in this section, is that of an estate of
inheritance in fee simple. In admeasuring and laying off the same, the
commissioners must consider quantity and quality relatively, according
to the value of the plaintiff's right of dower in the vacant or
unimproved lots, out of which the admeasurement is to be made; which
must be ascertained, in proportion to the value of those lots, as
prescribed in sections 1075, 1076, 1077 and 1078, for fixing a gross sum
to be paid to her out of the proceeds of a sale.