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New York State
REAL PROPERTY LAW (RPL)
Laws 1909, Chap. 52
ARTICLE 9
RECORDING INSTRUMENTS AFFECTING REAL PROPERTY
Section 290. Definitions; effect of article.
291. Recording of conveyances.
291a. Recording conveyances of land in
towns in Chautauqua county; duties of
county and town clerks.
291b. Recording conveyances of land in
towns in Cattaraugus county; duties of
county and town clerks.
291c. Recording memoranda of leases.
291cc1 Recording modifications of leases.
291d. Recording of master forms of
mortgage covenants and clauses;
incorporation thereof by reference.
291e. Exceptions, reservations and
recitals referring to unrecorded
conveyances and contracts for sale
of real property.
291f. Rights where recorded mortgage
restricts landlord's action in respect
to leases.
291g. Recording insurance information.
291h. Recording of liens by the state.
292. By whom conveyance must be
acknowledged or proved.
292a. Conveyances by certain corporations
executed and acknowledged by attorneys
in fact entitled to recordation.
293. Recording of conveyances heretofore
acknowledged or proved.
294. Recording executory contracts and
powers of attorney.
294a. Recording assignments of rent.
294b. Recording brokers affidavit of
entitlement to commission for
completed brokerage services.
295. Recording of letters patent.
296. Recording copies of instruments which
are in secretary of state's office.
297. Certified copies may be recorded.
297a. Recording of certified copies of
bankruptcy papers; constructive
notice.
297b. Recording of certified copies of
judgments affecting real property.
298. Acknowledgments and proofs within the
state.
299. Acknowledgments and proofs without the
state, but within the United States or
any territory, possession, or
dependency thereof.
299a. Acknowledgment to conform to law of
New York or of place where taken;
certificate of conformity.
300. Acknowledgments and proofs by persons
in or with the armed forces of the
United States.
301. Acknowledgments and proofs in foreign
countries.
301a. Acknowledgment to conform to law of
New York or of foreign country;
certificate of conformity.
302. Acknowledgments and proofs by married
women.
303. Requisites of acknowledgments.
304. Proof by subscribing witness.
305. Compelling witnesses to testify.
306. Certificate of acknowledgment or
proof.
307. When certificate to state time and
place.
308. When certificate must be under seal.
309. Acknowledgment by corporation and form
of certificate.
310. Authentication of acknowledgments and
proofs made within the state.
311. Authentication of acknowledgments and
proofs made without the state.
312. Contents of certificate of
authentication.
313. Notary public.
313a. Deputies.
314. Recording of conveyances acknowledged
or proved without the state, when
parties and certifying officer are
dead.
314a. Proof when witnesses are dead.
315. Recording books.
316. Indexes.
316a. Indexing and reindexing conveyances,
mortgages and other instruments.
316a. Indexing and reindexing conveyances,
mortgages and other instruments.
316b. Inactive hazardous waste disposal
site registry index.
317. Order of recording.
318. Certificate to be recorded.
319. Time of recording.
320. Certain deeds deemed mortgages.
321. Recording discharge of mortgage.
321a...Recording discharge of rent
assignment.
324. Effect of recording assignment of
mortgage.
325. Recording of conveyances made by
treasurer of Connecticut.
326. Revocation to be recorded.
327. Penalty for using long forms of
covenants.
328. Certain acts not affected.
329. Actions to have certain instruments
canceled of record.
330. Officers guilty of malfeasance liable
for damages.
331. Laws and decrees of foreign countries
appointing agents and attorneys and
recording of the same.
332. The record of certain conveyances
..validated.
332a. Validation of the record, execution
and proof or acknowledgment of certain
other instruments.
332b. The record of certain other
conveyances validated.
333. When conveyances of real property not
to be recorded.
333a. Same; maps to be filed.
333b. Recording of maps or plot plans.
333c. Lands in agricultural districts;
disclosure.
334. Maps to be filed; penalty for
nonfiling.
334a. Filing of subdivision maps in
Nassau county; penalty for non-filing.
335. Filing of maps and abandonment of
subdivisions in Suffolk county;
penalty for nonfiling.
335a. Easements of necessity.
335b. Recording of solar energy
easements.
336. Effect of recording demands or
requirements of alien property
custodian.
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Sec. 290. Definitions; effect of article.
1. The term "real property," as used in this article, includes
lands, tenements and hereditaments and chattels real, except
a lease for a term not exceeding three years.
2. The term "purchaser" includes every person to whom any
estate or interest in real property is conveyed for a
valuable consideration, and every assignee of a mortgage,
lease or other conditional estate.
3. The term "conveyance" includes every written instrument, by
which any estate or interest in real property is created,
transferred, mortgaged or assigned, or by which the title to
any real property may be affected, including an instrument
in execution of a power, although the power be one of
revocation only, and an instrument postponing or
subordinating a mortgage lien; except a will, a lease for a
term not exceeding three years, an executory contract for
the sale or purchase of lands, and an instrument containing
a power to convey real property as the agent or attorney for
the owner of such property.
4. The term "recording officer" means the county clerk of the
county, except in a county having a register, where it means
the register of the county.
5. "Recording" or "recorded" means the entry, at length, upon
the pages of the proper record books in a plain and legible
hand writing, or in print or in symbols of drawing or by
photographic process or partly in writing, partly in
printing, partly in symbols of drawing or partly by
photographic process or by any combination of writing,
printing, drawing or photography or either or any two of
them. "Recording" or "recorded" also means the reproduction
of instruments by microphotography or other photographic
process on film which is kept in appropriate files.
6. This article does not apply to leases for life or lives, or
for years, heretofore made, of lands in either of the
counties of Albany, Ulster, Sullivan, Herkimer, Dutchess,
Columbia, Delaware or Schenectady.
Sec. 291. Recording of conveyances.
A conveyance of real property, within the state, on being duly
acknowledged by the person executing the same, or proved as
required by this chapter, and such acknowledgment or proof duly
certified when required by this chapter, may be recorded in the
office of the clerk of the county where such real property is
situated, and such county clerk shall, upon the request of any
party, on tender of the lawful fees therefor, record the same in
his said office. Every such conveyance not so recorded is void as
against any person who subsequently purchases or acquires by
exchange or contracts to purchase or acquire by exchange, the
same real property or any portion thereof, or acquires by
assignment the rent to accrue therefrom as provided in section
two hundred ninety-four-a of the real property law, in good faith
and for a valuable consideration, from the same vendor or
assignor, his distributees or devisees, and whose conveyance,
contract or assignment is first duly recorded, and is void as
against the lien upon the same real property or any portion
thereof arising from payments made upon the execution of or
pursuant to the terms of a contract with the same vendor, his
distributees or devisees, if such contract is made in good faith
and is first duly recorded. Notwithstanding the foregoing, any
increase in the principal balance of a mortgage lien by virtue of
the addition thereto of unpaid interest in accordance with the
terms of the mortgage shall retain the priority of the original
mortgage lien as so increased provided that any such mortgage
instrument sets forth its terms of repayment.
Sec. 291-a. Recording conveyances of land in towns in
Chautauqua county; duties of county and town
clerks.
1. Every deed and will relating to real property in Chautauqua
county, outside the cities of Jamestown and Dunkirk, and
every judicial decree establishing the right of inheritance
to real property within Chautauqua county shall, before the
same be hereafter recorded in the office of the clerk of
Chautauqua county be presented to the clerk of said county
together with a carbon copy or copies of the substance
thereof, equal to the number of townships of the said county
in which land is conveyed by the instrument. Such copy or
copies shall set forth the date, consideration, the names of
the grantors and grantees, the mail address of the grantee
and a description of the property conveyed as set out in the
instrument of conveyance.
Such copy or copies of an instrument of conveyance of land
within the county of Chautauqua, outside the cities of
Jamestown and Dunkirk, shall be retained by the clerk of the
said county until the first day of the month succeeding the
date on which it was received, and he thereafter shall
transmit immediately all such copies received by him during
the preceding month to the clerks of the towns in which such
conveyances have occurred. Hereafter the clerk of Chautauqua
county or any subordinate in the office of such clerk of
Chautauqua county who shall record any instrument of
conveyance of real property without receiving and
transmitting to the town clerk of the town concerned, a copy
thereof as provided herein shall be guilty of a misdemeanor.
At the time a conveyance is offered for record a fee of
twenty-five cents shall be paid to the county clerk in
addition to any other moneys required to be paid to entitle
the deed to be recorded.
The town clerks in each of the towns of Chautauqua county
outside the cities of Jamestown and Dunkirk, shall enter the
copies of conveyances and all appurtenant data so received
from the clerk of Chautauqua county in a record book to be
provided and kept for such purpose. Such book and the
records contained therein shall be open to public inspection
and shall be used by the local assessors in making
assessments.
2. Any deed or instrument of conveyance relating to real
property within the towns of Chautauqua, North Harmony,
Ellicott, Ellery and Busti or the village of Celoron,
Chautauqua county, that for the first time conveys an
interest in a paper street located within either such town
or village to any grantee other than a not-for-profit
corporation incorporated pursuant to the laws of this state
or similar association or to a municipal corporation,
notwithstanding the fact that such deed or instrument shall
have been recorded by the clerk of the county of Chautauqua,
shall be considered a nullity and given no force and effect
unless accompanied by a resolution of the town board of the
town or of the board of trustees of the village within which
such paper street is located authorizing that such deed or
instrument be recorded. For the purposes of this
subdivision, a paper street shall mean a street that was
designed in a subdivision map when originally filed but
which was never subsequently developed or used as a public
way.
Sec. 291-b. Recording conveyances of land in towns in
Cattaraugus county; duties of county and town
clerks.
Every deed and will relating to real property in Cattaraugus
county, outside the cities of Olean and Salamanca, and every
judicial decree establishing the right of inheritance to real
property within Cattaraugus county shall, before the same be
hereafter recorded in the office of the clerk of Cattaraugus
county be presented to the clerk of said county together with a
carbon copy or copies of the substance thereof, equal to the
number of townships of the said county in which land is conveyed
by the instrument. Such copy or copies shall set forth the date,
consideration, the names of the grantors and grantees, the mail
address of the grantee and a description of the property conveyed
as set out in the instrument of conveyance. Such copy or copies
of an instrument of conveyance of land within the county of
Cattaraugus, outside the cities of Olean and Salamanca, shall be
retained by the clerk of the said county until the first day of
the month succeeding the date on which it was received, and he
thereafter shall transmit immediately all such copies received by
him during the preceding month to the clerks of the towns in
which such conveyances have occurred. Hereafter the clerk of
Cattaraugus county or any subordinate in the office of such clerk
of Cattaraugus county who shall record any instrument of
conveyance of real property without receiving and transmitting to
the town clerk of the town concerned, a copy thereof as provided
herein shall be guilty of a misdemeanor. At the time a conveyance
is offered for a record a fee of twenty-five cents shall be paid
to the county clerk in addition to any other moneys required to
be paid to entitle the deed to be recorded.
The town clerks in each of the towns of Cattaraugus county
outside the cities of Olean and Salamanca, shall enter the copies
of conveyances and all appurtenant data so received from the
Clerk of Cattaraugus county in a record book to be provided and
kept for such purpose. Such book and the records contained
therein shall be open to public inspection and shall be used by
the local assessors in making assessments.
Sec. 291-c. Recording memoranda of leases.
In lieu of the recording of a lease for a term exceeding three
years, pursuant to section two hundred ninety-one of this
chapter, there may be recorded with like effect a memorandum of
such lease, executed by all persons who are parties to the lease,
and acknowledged or proved, and certified, in the manner to
entitle a conveyance to be recorded. A memorandum of lease thus
entitled to be recorded shall contain at least the following
information with respect to the lease: the name of the lessor and
the name of the lessee and the addresses, if any, set forth in
the lease as addresses of such parties; a reference to the lease,
with its date of execution; a description of the leased premises
in the form contained in the lease; the term of the lease, with
the date of commencement and the date of termination of such
term, and if there is a right of extension or renewal, the
maximum period for which or date to which the lease may be
extended or the number of times or date to which it may be
renewed, and the date or dates on which such rights of extension
or renewal are exercisable.
Whenever a memorandum of lease is presented for recording, the
lease shall also be submitted to the recording officer for the
purpose of examination to determine whether or not such
memorandum of lease is subject to the tax on mortgages provided
by article eleven of the tax law.
Sec. 291-cc1. Recording modifications of leases.
1. Where a lease or memorandum of such lease has been recorded,
an unrecorded agreement modifying such lease or memorandum
is void as against a subsequent purchaser in good faith and
for a valuable consideration, and the possession of the
tenant shall not be deemed notice of the modification,
unless the agreement of modification or a memorandum thereof
is recorded prior to the recording of the instrument by
which the subsequent purchaser acquires his estate or
interest.
2. A memorandum of an agreement modifying a lease shall contain
at least the following information with respect to the
agreement: the names of the parties and the addresses, if
any, set forth in the agreement; a reference to the
agreement with its date of execution; a brief description of
the leased premises in form sufficient to identify the same;
any changes made by the agreement in the term of the lease
and the date of the termination of the lease as modified,
and any changes in the provisions of the lease as to the
rights of extension or renewal.
3. For the purpose of this section the word "purchaser"
includes a person who purchases or acquires by exchange or
contracts to purchase or acquire by exchange the leased
premises or the real property of which the leased premises
are part or any estate or interest therein, or acquires by
assignment the rent to accrue from tenancies or subtenancies
thereof in existence at the time of the assignment.
Sec. 291-d. Recording of master forms of mortgage covenants
and clauses; incorporation thereof by reference.
1. An instrument containing a form or forms of mortgage
covenants, conditions, obligations, powers, releases, and
other clauses may be recorded in the office of the recording
officer of any county and such recording officer, upon the
request of any person, on tender of the lawful fees
therefor, shall record the same in his said office. Every
such instrument shall be entitled on the face thereof as a
"Master form recorded by ....... (name of person causing the
instrument to be recorded)." Such instrument need not be
acknowledged or proved or certified to be entitled to
record.
2. When any such instrument is recorded, the clerk or register
shall index such instrument under the name of the person
causing it to be recorded in the manner provided for
miscellaneous instruments relating to real property.
3. Thereafter any of the provisions of such master form
instrument may be incorporated by reference in any
conveyance of real property situated within the state, if
such reference in the conveyance states that the master form
instrument was recorded in the county in which the
conveyance is offered for record, the date when and the
office, book and page or pages where such master form
instrument was recorded, and that a copy of such master form
instrument was furnished to the person executing the
conveyance. The recording of any conveyance which has so
incorporated by reference therein any of the provisions of a
master form instrument recorded as provided in this section
shall have like effect as if such provisions of the master
form so incorporated by reference had been set forth fully
in the conveyance.
4. Whenever an instrument of conveyance is presented for
recording on which is set forth matter purporting to be a
copy or reproduction of such master form instrument or of
part thereof, identified by its title as provided in
subdivision one of this Section and stating the date when it
was recorded and the county, office, book and page where it
was recorded, preceded by the words "do not record" or "not
to be recorded," and plainly separated from the matter to be
recorded as part of the conveyance, in such manner that it
will not appear upon a photographic reproduction of any page
containing any part of the conveyance, such matter shall not
be recorded by the county clerk or register to whom the
instrument is presented for recording; in such case the
county clerk or register shall record only the conveyance
apart from such matter and shall not be liable for so doing,
any other provisions of law to the contrary notwithstanding.
5. For the purposes of any provision of law relating to fees
for recording, entering or indexing of conveyances, or
relating to searches, furnishing of certified copies,
reproduction by photographic method or otherwise, or
destruction, or to any other matter pertaining to the powers
and duties of recording officers with respect to
conveyances, except manner of indexing thereof, the master
form instrument provided for in subdivision one of this
section shall be deemed a conveyance.
Sec. 291-e. Exceptions, reservations and recitals referring to
unrecorded conveyances and contracts for sale of
real property.
1. This section applies to any language, contained in a
conveyance of real property in this state, which (a) excepts
or reserves a part or any or all parts of the described
premises which have been or may have been previously
conveyed, or previously contracted to be sold or exchanged,
by the grantor or by a previous owner, or (b) otherwise
indicates that the premises or some part or parts thereof
have been or may have been previously conveyed or that a
contract has been or may have been previously made for the
sale or exchange of all or some part or parts thereof, or
(c) indicates that only such part of the premises described
is intended to be conveyed as the grantor, or a previous
owner, has not previously conveyed or has not previously
contracted to sell or exchange, and, in any of the cases
described in this subdivision, fails to identify the
premises previously conveyed or contracted to be sold or
exchanged in any other manner than by indicating that a
conveyance or contract has previously been made or
indicating the fact or possibility that one or more
conveyances or contracts have been or may have been
previously made.
2. An exception, reservation or recital described in
subdivision one of this section is (a) void as against a
subsequent purchaser in good faith and for a valuable
consideration, who has no other notice of the identity of
the premises to which it refers, and (b) ineffective to give
notice to such subsequent purchaser of the previous
conveyance or contract so referred to or create any duty of
inquiry with respect thereto, unless, in either case, such
previous conveyance or contract is sufficient to identify
the premises to which the exception, reservation or recital
refers and is recorded as provided in this article before
the recording of the instrument by which the subsequent
purchaser acquires his estate or interest.
3. For the purposes of this section,
(a) "Purchaser" includes a person who purchases or acquires
by exchange or contracts to purchase or acquire by
exchange the same premises or any portion thereof or
estate or interest therein, or acquires by assignment
the rent to accrue from tenancies or subtenancies
thereof in existence at the time of the assignment.
(b) Contract for sale includes an option to purchase or
lease.
(c) A lease, or a contract or option, is recorded when a
memorandum thereof is recorded as provided in section
two hundred ninety-one-c or section two hundred ninety-
four of this chapter.
(d) The recording of a contract or option, or memorandum
thereof, pursuant to section two hundred ninety-four of
this chapter, is effective up to and including the
thirtieth day after the day fixed therein for the
conveyance of title, or the thirtieth day after the
last day fixed therein for the exercise of the option,
provided, that if a written declaration of the exercise
of the option has been recorded as provided in
subdivision seven of section two hundred ninety-four,
the recording of the option is effective to and
including the thirtieth day after the last day fixed
pursuant to the option agreement for the conveyance of
title or the execution and delivery of the lease, as
the case may be. An agreement extending the time for
the conveyance of title, acknowledged or proved, and
certified, in the manner to entitle a conveyance to be
recorded, may be recorded, and the recording shall be
effective up to and including the thirtieth day after
the day fixed by such agreement for the conveyance of
title.
4. This section shall not impair the effect of an exception,
reservation or recital to limit any warranty of the grantor
in the conveyance in which it is contained.
5. This section shall apply where the instrument by which the
subsequent purchaser acquires his estate or interest is
executed on or after September first, nineteen hundred
sixty, except that where the conveyance containing an
exception, reservation or recital described in subdivision
one of this Section was executed before September first,
nineteen hundred sixty, this section shall apply only where
the instrument by which the subsequent purchaser acquires
his estate or interest is executed on or after September
first, nineteen hundred sixty-one.
Sec. 291-f. Rights where recorded mortgage restricts
landlord's action in respect to leases.
An agreement, referring to this section, contained in a recorded
mortgage of real property, or in a recorded instrument relating
to such mortgage, restricting the right or power, as against the
holder of the mortgage without his consent, of the owner of the
mortgaged real property to cancel, abridge or otherwise modify
tenancies, subtenancies, leases or subleases of the mortgaged
real property in existence at the time of the agreement, or to
accept prepayments of installments of rent to become due
thereunder, shall become binding on a tenant or subtenant after
written notice of such agreement, accompanied by a copy of the
text thereof; and any such cancellation, abridgement,
modification or prepayment made by such tenant or subtenant,
after such written notice, without the consent of the holder of
such mortgage, shall be voidable as against the holder, at his
option. The recording on or after July first, nineteen hundred
sixty, of any such mortgage or instrument relating thereto shall
for the purposes of this section be in itself a sufficient notice
of the restrictive agreement to any tenant or subtenant who,
after such recording, acquires by assignment, whether the
assignment is by instrument or by operation of law, a leasehold
estate in existence at the time of the restrictive agreement.
This section shall not apply (1) to any tenancy, subtenancy,
lease or sublease primarily for the residential purposes of the
owner of the leasehold estate, or (2) to any tenancy, subtenancy,
lease or sublease having at the time of the restrictive agreement
an unexpired term of less than five years.
Sec. 291-g. Recording insurance information.
Every owner of a multiple dwelling, as defined in subdivision two
of section two hundred thirty-nine-a of this chapter, which is
located in a city with a population in excess of one million
persons shall file with the department of housing preservation
and development an instrument containing the name or names of the
insurer issuing a fire, casualty and/or liability insurance
policy for the multiple dwelling, the address of the insurance
company and the policy number.
Sec. 291-h. Recording of liens by the state.
The state may cause to be filed in the appropriate office of the
city register of the city of New York or in the county clerk's
office of the county of Richmond or in the county clerk's office
of any other county of the state where the real property is
situated a notice of lien created by the application for and
receipt of state aid provided pursuant to section 41.27 of the
mental hygiene law or by the application for and receipt of state
aid provided pursuant to Section 25.03 of the mental hygiene law
and any regulations promulgated in connection therewith. Such
notice shall briefly state the recipient of the state aid,
conditions of the provision of the state aid and shall contain a
general description by metes and bounds or by section, block and
lot number of the real property to be acquired thereby.
Sec. 292. By whom conveyance must be acknowledged or proved.
Except as otherwise provided by this article, such acknowledgment
can be made only by the person who executed the conveyance, and
such proof can be made only by some other person, who was a
witness of its execution, and at the same time subscribed his
name to the conveyance as a witness.
Sec. 292-a. Conveyances by certain corporations executed and
acknowledged by attorneys in fact entitled to
recordation.
A conveyance of real property, within the state, or of any
interest therein, including an instrument discharging or
satisfying a lien created by any such conveyance, executed and
acknowledged by an attorney in fact of any corporation wholly
owned, directly or indirectly, by the United States of America,
or any other corporation which has so filed a power of attorney,
whether heretofore or hereafter so executed and acknowledged,
shall be entitled to recordation under this article on tender of
the lawful fees therefor, even though the corporate seal of such
corporation be not annexed or affixed, if the power of attorney
pursuant to which such attorney in fact has executed such
conveyance, duly acknowledged or proved by such corporation, and
certified, as required by section two hundred ninety-four, is
filed or recorded in the office of the clerk of the county where
the real property, which is the subject of such conveyance, is
located.
Sec. 293. Recording of conveyances heretofore acknowledged
or proved.
A conveyance of real property, within the state, heretofore
executed, and heretofore acknowledged or proved, and certified,
so as to be entitled to be read in evidence, or recorded, under
the laws in force at the time when so acknowledged or proved, but
which has not been recorded is entitled to be read in evidence,
and recorded in the same manner, and with the like effect, as if
this chapter had not been passed. If heretofore executed, but not
proved or acknowledged, it may be proved or acknowledged in the
same manner as conveyances hereafter executed and with like
effect.
Sec. 294. Recording executory contracts and powers of
attorney.
1. An executory contract for the sale, purchase or exchange of
real property, or an instrument canceling such a contract,
or an instrument containing a power to convey real property,
as the agent or attorney for the owner of the property,
acknowledged or proved, and certified, in the manner to
entitle a conveyance to be recorded, may be recorded in the
office of the recording officer of any county in which any
of the real property to which it relates is situated, and
such recording officer shall, upon the request of any party,
on tender of the lawful fees therefor, record the same in
his said office.
2. In lieu of the recording of an executory contract, there may
be recorded a memorandum thereof, executed by the parties,
and acknowledged or proved, and certified, in the manner to
entitle a conveyance to be recorded, containing at least the
following information with respect to the contract: the
names of the parties to the contract, the time fixed by the
contract for the conveyance of title, and a description of
the property. The executory contract shall be deemed duly
recorded upon the recording of a memorandum in conformity
with this subdivision.
If the purchaser is entitled to possession of the property
under the terms of the contract, the memorandum must so
state. The provisions of article eleven of the tax law shall
not be applicable to an executory contract for the sale,
purchase or exchange of real property, or memorandum
thereof, unless the contract provides that the purchaser is
entitled to possession of the property.
3. Every executory contract for the sale, purchase or exchange
of real property not recorded as provided in this Section
shall be void as against any person who subsequently
purchases or acquires by exchange or contracts to purchase
or acquire by exchange, the same real property or any
portion thereof, or acquires by assignment the rent to
accrue therefrom as provided in section two hundred ninety-
four-a of the real property law, in good faith and for a
valuable consideration, from the same vendor or assignor,
his distributees or devisees, and whose conveyance, contract
or assignment is first duly recorded, and shall be void as
against the lien upon the same real property or any portion
thereof arising from payments made upon the execution of or
pursuant to the terms of a contract with the same vendor,
his distributees or devisees, if such contract is made in
good faith and is first duly recorded.
4. (a) Where an executory contract is duly recorded as
provided in this section the right of the purchaser to
performance of the contract is enforceable against a
person who, subsequent to the recording and while the
recording is effective as provided in this section,
purchases or acquires by exchange the same real
property or any part thereof, from the same vendor, his
distributees or devisees.
(b) If the recorded contract provides for payments made or
to be made by the purchaser before conveyance of title,
including payments made at the execution of the
contract, or if the recorded memorandum states that the
contract so provides, the lien of the purchaser arising
from any such payments actually made is enforceable
against any such person described in paragraph (a) to
the extent of such payments, not exceeding the total
amount specified in the recorded contract or
memorandum, and is so enforceable without regard to any
notice of the estate or interest of such person.
5. The recording of the executory contract or memorandum shall
be effective for the purposes of subdivision four up to and
including the thirtieth day after the day fixed by the
contract for the conveyance of title. An agreement extending
the time for the conveyance of title, acknowledged or
proved, and certified, in the manner to entitle a conveyance
to be recorded, may be recorded, and the recording shall be
effective up to and including the thirtieth day after the
day fixed by such agreement for the conveyance of title.
6. An executory contract or memorandum thereof shall not be
deemed recorded as provided in this section if it is
recorded more than one year previous to the date on which
the vendor acquired title to the real property to which the
contract relates.
An executory contract recorded before the date when the
vendor acquired title shall not be deemed recorded as
provided in this section as against a person to whom the
real property is conveyed or contracted to be sold or
exchanged, by a conveyance or contract which is part of the
transaction in which the vendor acquired title.
7. An option to purchase or lease real property shall be deemed
an executory contract within the meaning of this section,
except that the recording of the option agreement shall be
effective only up to and including the thirtieth day after
the last day fixed by the agreement for the exercise of the
option. If the option is exercised in accordance with the
terms of the option agreement, the optionee may extend the
effectiveness of the recording of the option agreement to
and including the thirtieth day after the day fixed pursuant
to the option agreement for the conveyance of title or the
execution and delivery of the lease, as the case may be, by
recording, within thirty days after the last day fixed by
the option agreement for the exercise of the option, a
written declaration executed by the optionor and the
optionee, or by the optionee alone, and acknowledged or
proved and certified in the manner to entitle a conveyance
to be recorded, stating that the said option has been duly
exercised and setting forth the day fixed pursuant to the
option agreement for the conveyance of title or the
execution and delivery of the lease, as the case may be. In
the event that such declaration is executed by the optionee
alone, it shall be verified by the optionee and shall also
set forth the time and manner in which such option was
exercised and, if the last day for the conveyance of title
or the execution and delivery of the lease is not specified
in the option agreement, the extension of the effectiveness
of the recording of the option agreement shall in no event
exceed ninety days from the date of the recording of such
declaration.
8. (a) After the recording of an executory contract or
memorandum has ceased to be effective as provided in
subdivision five, or the recording of an option to
purchase or lease real property has ceased to be
effective as provided in subdivision seven, such
executory contract, memorandum or option shall be (1)
void as against a subsequent purchaser in good faith
and for a valuable consideration, who has no other
notice of an estate or interest of the contract vendee
or optionee in the premises to which such contract,
memorandum or option refers, or of any claim thereof,
and (2) ineffective to give notice to such subsequent
purchaser of any estate or interest of the contract
vendee or optionee in such premises, or of any claim
thereof, or to create any duty of inquiry with respect
thereto.
(b) For the purposes of this subdivision, "purchaser"
includes a person who purchases or acquires by exchange
or contracts to purchase or acquire by exchange the
same premises or any portion thereof or estate or
interest therein, or acquires by assignment the rent to
accrue from tenancies or subtenancies thereof in
existence at the time of the assignment.
Sec. 294-a. Recording assignments of rent.
1. An assignment of rent to accrue from tenancies,
subtenancies, leases or subleases of real property,
irrespective of the term of their duration, in existence at
the time of the assignment, made, subscribed and
acknowledged or proved, and certified in a manner to entitle
a conveyance to be recorded may be recorded in the office of
the recording officer of any county in which any of the real
property to which the tenancies, subtenancies, leases or
subleases relate is situated, and such recording officer
shall, upon the request of any party, on tender of the
lawful fees therefor, record the same in his said office.
2. Every such assignment not so recorded shall be void as
against any person who subsequently purchases or acquires by
exchange, or contracts to purchase or acquire by exchange,
the same real property, or any portion thereof, or acquires
by assignment the rent to accrue therefrom as provided in
this Section, in good faith and for a valuable
consideration, from the same vendor or assignor, his
distributees or devisees, and whose conveyance, contract or
assignment is first duly recorded.
3. The recording of such assignment shall not be in itself a
notice of the assignment to a lessee or tenant, his
distributees or devisees, so as to invalidate a payment of
rent made by the lessee or tenant, his distributees or
devisees, to the assignor or a prior assignee of the rent.
Sec. 294-b. Recording brokers affidavit of entitlement to
commission for completed brokerage services.
1. A duly licensed real estate broker who asserts that he or
she has produced a person who was ready, able and willing to
purchase or lease all or any part of a parcel of real
property pursuant to a written or oral contract of brokerage
employment between the owner of said parcel of real property
and such broker, and who asserts that such person or a party
acting on his or her behalf subsequently contracted to
purchase or lease, or did purchase or lease such real
property or any part thereof, and who asserts that he or she
is entitled to a commission pursuant to such written or oral
contract, may file an affidavit of entitlement to commission
for completed brokerage services in the office of the
recording officer of any county in which any of the real
property is situated.
2. Such affidavit shall include: (i) the name and license
number of the broker claiming the commission; (ii) the name
of the seller or person responsible for commission; (iii)
the name of the person authorizing the sale on behalf of the
seller, if any, and the date of such authorization; (iv) a
copy of the written agreement, if any; (v) a description of
real property involved; (vi) the amount of commission
claimed; (vii) a description of the brokerage services
performed; and (viii) the dates thereof. Recording such
affidavit shall not invalidate any transfer of real property
or lease thereof. Such affidavit shall not be deemed to
create a lien and shall be discharged one year after filing.
3. Upon receipt by the county clerk of a broker's affidavit of
entitlement to commission for completed brokerage services
for the purpose of recording, entering and indexing, the
clerk shall note thereon that such notice does not
constitute a lien nor shall it invalidate any transfer or
lease. In payment for said services the county clerk shall
be entitled to receive a fee equivalent to that received for
recording a deed and pages thereof.
Sec. 295. Recording of letters patent.
Letters patent, issued under the great seal of the state,
granting real property, may be recorded in the county where such
property is situated, in the same manner and with like effect, as
a conveyance duly acknowledged or proved and certified so as to
entitle it to be recorded.
Sec. 296. Recording copies of instruments which are in
secretary of state's office.
A copy of an instrument affecting real property, within the
state, recorded or filed in the office of the secretary of state,
certified in the manner required to entitle the same to be read
in evidence, may be recorded with such certificate in the office
of any recording officer of the state.
Sec. 297. Certified copies may be recorded.
A copy of a record, or of any recorded instrument, certified or
authenticated so as to be entitled to be read in evidence, may be
again recorded in any office where the original would be entitled
to be recorded. Such record has the same effect as if the
original were so recorded. A copy of a conveyance or mortgage
affecting separate parcels of real property situated in different
counties, or of the record of such conveyance or mortgage in one
of such counties, certified or authenticated so as to be entitled
to be read in evidence, may be recorded in any county in which
any such parcel is situated, with the same effect as if the
original instrument authenticated as required by section three
hundred and ten of this chapter were so recorded.
Sec. 297-a. Recording of certified copies of bankruptcy
papers; constructive notice.
1. A copy of a petition in bankruptcy with the schedules
omitted, of a decree of adjudication of bankruptcy and of an
order approving the bond of a trustee in bankruptcy, or any
of them, in each case certified in accordance with the laws
of the United States applicable at the time of
certification, may be recorded in the office of the
recording officer of any county, irrespective of the
location of the United States district court having
jurisdiction of the bankruptcy proceeding or in which such
petition was filed or order of adjudication or approval of
the trustee's bond was made.
2. (a) Each paper, together with the certification
thereof, recorded pursuant to this section shall, for
the purposes of recording, transcription, reproduction
and indexing, be regarded as a deed by the bankrupt or
alleged bankrupt to the trustee in bankruptcy named
therein or, if no trustee be named, to the trustee
appointed, or thereafter to be appointed.
(b) In counties where, under certain circumstances and
pursuant to law, deeds or other instruments are
recordable among miscellaneous instruments, or indexed
in the index of such instruments, each of the papers
shall be similarly recorded or indexed. In other
counties or cases, it shall be recorded or indexed as a
deed.
(c) Where the paper so recorded does not reveal the name of
the trustee in bankruptcy, the recording officer shall
substitute, for the name of the grantee in the index or
indices in his office where the name of the grantee in
a deed is required to be entered, the words "Trustee in
bankruptcy"; but any irregularity or failure of the
recording officer in compliance with this paragraph
shall not invalidate the record thereof.
(d) The recording of the paper and the certification
thereof shall have the same effect as constructive
notice as if it were a conveyance to a named grantee,
duly acknowledged or proved and recorded.
(e) The petition, decree or order referred to in
subdivision 1 of this section may be one either
heretofore or hereafter filed or made pursuant to any
law of the United States relating to bankruptcy.
Sec. 297-b. Recording of certified copies of judgments
affecting real property.
When a judgment, final order or decree is rendered by a New York
state court of record or a United States district court affecting
the title to or possession, use or enjoyment of real property, a
copy of such judgment, order or decree, duly certified by the
clerk of the court wherein said judgment was rendered, may be
recorded in the office of the recording officer of the county in
which such property is situated, in the same manner as a
conveyance duly acknowledged or proved and certified so as to
entitle it to be recorded, and such recording officer shall upon
request and on tender of the lawful fees therefor, record the
same in his said office.
For purposes of recording and indexing such judgment, order or
decree, the prevailing party or parties named therein shall be
deemed grantees and all other persons named therein shall be
deemed grantors.
Sec. 298. Acknowledgments and proofs within the state.
The acknowledgment or proof, within this state, of a conveyance
of real property situate in this state may be made:
1. At any place within the state, before (a) a justice of the
supreme court; (b) an official examiner of title; (c) an
official referee; or (d) a notary public.
2. Within the district wherein such officer is authorized to
perform official duties, before (a) a judge or clerk of any
court of record; (b) a commissioner of deeds outside of the
city of New York, or a commissioner of deeds of the city of
New York within the five counties comprising the city of New
York; (c) the mayor or recorder of a city; (d) a surrogate,
special surrogate, or special county judge; or (e) the
county clerk or other recording officer of a county.
3. Before a justice of the peace, town councilman, village
police justice or a judge of any court of inferior local
jurisdiction, anywhere within the county containing the
town, village or city in which he is authorized to perform
official duties.
Sec. 299. Acknowledgments and proofs without the state, but
within the United States or any territory,
possession, or dependency thereof.
The acknowledgment or proof of a conveyance of real property
situate in this state, if made (a) without the state but within
the United States, (b) within any territory, possession, or
dependency of the United States, or (c) within any place over
which the United States, at the time when such acknowledgment or
proof is taken, has or exercises jurisdiction, sovereignty,
control, or a protectorate, may be made before any of the
following officers acting within his territorial jurisdiction or
within that of the court of which he is an officer:
1. A judge or other presiding officer of any court having a
seal, or the clerk or other certifying officer thereof.
2. A mayor or other chief civil officer of any city or other
political subdivision.
3. A notary public.
4. A commissioner of deeds appointed pursuant to the laws of
this state to take acknowledgments or proofs without this
state.
5. Any person authorized, by the laws of the state, District of
Columbia, territory, possession, dependency, or other place
where the acknowledgment or proof is made, to take the
acknowledgment or proof of deeds to be recorded therein.
Sec. 299-a. Acknowledgment to conform to law of New York or of
place where taken; certificate of conformity.
1. An acknowledgment or proof made pursuant to the provisions
of Section two hundred ninety-nine of this chapter may be
taken in the manner prescribed either by the laws of the
state of New York or by the laws of the state, District of
Columbia, territory, possession, dependency, or other place
where the acknowledgment or proof is taken. The
acknowledgment or proof, if taken in the manner prescribed
by such state, District of Columbia, territory, possession,
dependency, or other place, must be accompanied by a
certificate to the effect that it conforms with such laws.
Such certificate may be made by
(a) An attorney-at-law admitted to practice in the state of
New York, resident in the place where the
acknowledgment or proof is taken, or by
(b) An attorney-at-law admitted to practice in the state,
District of Columbia, territory, possession,
dependency, or other place where the acknowledgment or
proof is taken, or by
(c) Any other person deemed qualified by any court of the
state of New York, if, in any action, proceeding, or
other matter pending before such court, it be necessary
to determine that such acknowledgment or proof conforms
with the laws of such state, District of Columbia,
territory, possession, dependency, or other place; or
by the supreme court of the state of New York, on
application for such determination. The justice, judge,
surrogate, or other presiding judicial officer shall
append to the instrument so acknowledged or proved his
signed statement that he deemed such person qualified
to make such certificate.
2. (a) The signature to such a certificate of conformity
shall be presumptively genuine, and the qualification
of the person whose name is so signed as a person
authorized to make such certificate shall be
presumptively established by the recital thereof in the
certificate.
(b) The statement of a judicial officer appended to the
instrument that he deemed the person making such
certificate qualified shall establish the qualification
of the person designated therein to make such
certificate; and the recording, filing, registering or
use as evidence of the instrument shall not depend on
the power of the court to make the statement and proof
shall not be required of any action, proceeding, matter
or application in which or in connection with which the
statement is made.
(c) When an instrument so acknowledged or proved is
accompanied by the certificate of conformity and the
statement of a judicial officer, if any be required,
the acknowledgment or proof of the instrument, for the
purpose of recording, filing or registering in any
recording or filing office in this state or for use as
evidence, shall be equivalent to one taken or made in
the form prescribed by law for use in this state; and
if the acknowledgment or proof is properly
authenticated, where authentication is required by law,
and if the instrument be otherwise entitled to record,
filing or registering, such instrument, together with
the acknowledgment or proof, the certificate of
conformity and any certificate of authentication or
statement of a judicial officer, may be recorded, filed
or registered in any recording or filing office in this
state, and shall be so recorded, filed or registered
upon payment or tender of lawful fees therefor. In
fixing the fees of a recording, filing or registering
officer, the certificate of conformity and the
statement of a judicial officer appended, if any, shall
be treated as certificates of authentication required
by other provisions of this chapter.
Sec. 300. Acknowledgments and proofs by persons in or with
the armed forces of the United States.
The acknowledgment or proof of a conveyance of real property
situate in this state, if made by a person enlisted or
commissioned in or serving in or with the armed forces of the
United States or by a dependent of any such person, wherever
located, or by a person attached to or accompanying the armed
forces of the United States, whether made within or without the
United States, may be made before any commissioned officer in
active service of the armed forces of the United States with the
rank of second lieutenant or higher in the Army, Air Force or
Marine Corps, or ensign or higher in the Navy or Coast Guard, or
with equivalent rank in any other component part of the armed
forces of the United States.
In addition to the requirements of sections three hundred and
three, three hundred and four, and three hundred and six of this
chapter, the certificate of an acknowledgment or proof taken
under this section shall state (a) the rank and serial number of
the officer taking the same, and the command to which he is
attached, (b) that the person making such acknowledgment or proof
was, at the time of making the same, enlisted or commissioned in
or serving in or with the armed forces of the United States or
the dependent of such a person, or a person attached to or
accompanying the armed forces of the United States, and (c) the
serial number of the person who makes, or whose dependent makes
the acknowledgment or proof if such person is enlisted or
commissioned in the armed forces of the United States. The place
where such acknowledgment or proof is taken need not be
disclosed.
No authentication of the officer's certificate of acknowledgment
or proof shall be required.
Notwithstanding any of the provisions of this section, the
acknowledgment or proof of a conveyance of real property situate
in this state may also be made as provided in sections two
hundred ninety-eight, two hundred ninety-nine, two hundred
ninety-nine-a, three hundred one, and three hundred one-a,
of this chapter.
Sec. 301. Acknowledgments and proofs in foreign countries.
The acknowledgment or proof of a conveyance of real property
situate in this state may be made in foreign countries before any
of the following officers acting within his territorial
jurisdiction or within that of the court of which he is an
officer:
1. An ambassador, envoy, minister, charge d'affaires, secretary
of legation, consul-general, consul, vice-consul, consular
agent, vice-consular agent, or any other diplomatic or
consular agent or representative of the United States,
appointed or accredited to, and residing within, the country
where the acknowledgment or proof is taken.
2. A judge or other presiding officer of any court having a
seal, or the clerk or other certifying officer thereof.
3. A mayor or other chief civil officer of any city or other
political subdivision.
4. A notary public.
5. A commissioner of deeds appointed pursuant to the laws of
this state to take acknowledgments or proofs without this
state.
6. A person residing in, or going to, the country where the
acknowledgment or proof is to be taken, and specially
authorized for that purpose by a commission issued to him
under the seal of the supreme court of the state of New
York.
7. Any person authorized, by the laws of the country where the
acknowledgment or proof is made, to take acknowledgments of
conveyances of real estate or to administer oaths in proof
of the execution thereof.
Sec. 301-a. Acknowledgment to conform to law of New York or of
foreign country; certificate of conformity.
1. An acknowledgment or proof made pursuant to the provisions
of Section three hundred one of this chapter may be taken in
the manner prescribed either by the laws of the state of New
York or by the laws of the country where the acknowledgment
or proof is taken. The acknowledgment or proof, if taken in
the manner prescribed by the laws of such foreign country,
must be accompanied by a certificate to the effect that it
conforms with such laws. Such certificate may be made by
(a) An attorney-at-law admitted to practice in the state of
New York, resident in such foreign country, or by
(b) A consular officer of the United States, resident in
such foreign country, under the seal of his office, or
by
(c) A consular officer of such foreign country, resident in
the state of New York, under the seal of his office, or
by
(d) Any other person deemed qualified by any court of the
state of New York, if, in any action, proceeding, or
other matter pending before such court, it be necessary
to determine that such acknowledgment or proof conforms
with the laws of such foreign country; or by the
supreme court of the state of New York, on application
for such determination.
The justice, judge, surrogate, or other presiding judicial
officer shall append to the instrument so acknowledged or
proved his signed statement that he deemed such person
qualified to make such certificate.
2. (a) The signature to such a certificate of conformity
shall be presumptively genuine, and the qualification
of the person whose name is so signed as a person
authorized to make such certificate shall be
presumptively established by the recital thereof in the
certificate.
(b) The statement of a judicial officer appended to the
instrument that he deemed the person making such
certificate qualified shall establish the qualification
of the person designated therein to make such
certificate; and the recording, filing, registering or
use as evidence of the instrument shall not depend on
the power of the court to make the statement and proof
shall not be required of any action, proceeding, matter
or application in which or in connection with which the
statement is made.
(c) When an instrument so acknowledged or proved is
accompanied by the certificate of conformity and the
statement of a judicial officer, if any be required,
the acknowledgment or proof of the instrument, for the
purpose of recording, filing or registering in any
recording or filing office in this state or for use as
evidence, shall be equivalent to one taken or made in
the form prescribed by law for use in this state; and
if the acknowledgment or proof is properly
authenticated, where authentication is required by law,
and if the instrument be otherwise entitled to record,
filing or registering, such instrument, together with
the acknowledgment or proof, the certificate of
conformity and any certificate of authentication or
statement of a judicial officer, may be recorded, filed
or registered in any recording or filing office in this
state, and shall be so recorded, filed or registered
upon payment or tender of lawful fees therefor. In
fixing the fees of a recording, filing or registering
officer, the certificate of conformity and the
statement of a judicial officer appended, if any, shall
be treated as certificates of authentication required
by other provisions of this chapter.
Sec. 302. Acknowledgments and proofs by married women.
The acknowledgment or proof of a conveyance of real property,
within the state, or of any other written instrument, may be made
by a married woman the same as if unmarried.
Sec. 303. Requisites of acknowledgments.
An acknowledgment must not be taken by any officer unless he
knows or has satisfactory evidence, that the person making it is
the person described in and who executed such instrument.
Sec. 304. Proof by subscribing witness.
When the execution of a conveyance is proved by a subscribing
witness, such witness must state his own place of residence, and
if his place of residence is in a city, the street and street
number, if any thereof, and that he knew the person described in
and who executed the conveyance. The proof must not be taken
unless the officer is personally acquainted with such witness, or
has satisfactory evidence that he is the same person, who was a
subscribing witness to the conveyance.
Sec. 305. Compelling witnesses to testify.
On the application of a grantee in a conveyance, his heir or
personal representative, or a person claiming under either of
them, verified by the oath of the applicant, stating that a
witness to the conveyance, residing in the county where the
application is made, refuses to appear and testify concerning its
execution, and that such conveyance can not be proved without his
testimony, any officer authorized to take, within the state,
acknowledgment or proof of conveyance of real property may issue
a subpoena, requiring such witness to attend and testify before
him concerning the execution of the conveyance. A subpoena issued
under this section shall be regulated by the civil practice law
and rules.
Sec. 306. Certificate of acknowledgment or proof.
A person taking the acknowledgement or proof of a conveyance must
indorse thereupon or attach thereto, a certificate, signed by
himself, stating all the matters required to be done, known, or
proved on the taking of such acknowledgement or proof; together
with the name and substance of the testimony of each witness
examined before him, and if a subscribing witness, his place of
residence.
Any conveyance which has heretofore been recorded, or which may
hereafter be recorded, shall be deemed to have been duly
acknowledged or proved and properly authenticated, when ten years
have elapsed since such recording; saving, however, the rights of
every purchaser in good faith and for a valuable consideration
deriving title from the same vendor or grantor, his heirs or
devisees, to the same property or any portion thereof, whose
conveyance shall have been duly recorded before the said period
of ten years shall have elapsed.
Sec. 307. When certificate to state time and place.
When the acknowledgment or proof is taken by a commissioner of
deeds appointed pursuant to the laws of this state to take
acknowledgments or proofs without this state, whether within or
without the United States, the certificate must also state the
day on which, and the city or other political subdivision, and
the state or country or other place in which, the same was taken.
Sec. 308. When certificate must be under seal.
1. When a certificate of acknowledgment or proof is made
without this state, whether within or without the United
States, (a) if made by a judge or other presiding officer of
a court having a seal, or by the clerk or other certifying
officer thereof, such certificate must be under the seal of
such court; (b) if made by a commissioner of deeds appointed
pursuant to the laws of this state to take acknowledgments
or proofs without this state, such certificate must be under
his seal of office; (c) if made by any officer specified in
subdivision one of section three hundred one of this
chapter, such certificate must be under the seal of the
legation or consulate to which such officer is attached.
2. Any certificate, required by the provisions of section three
hundred eleven of this chapter to be authenticated, must be
so authenticated, in addition to being under seal as
provided in this section.
Sec. 309. Acknowledgment by corporation and form of
certificate.
The acknowledgment of a conveyance or other instrument by a
corporation, must be made by an officer or attorney in fact duly
appointed, or in case of a dissolved corporation, by an officer,
director or attorney in fact duly appointed thereof authorized to
execute the same by the board of directors of said corporation.
The certificate of acknowledgment must conform substantially with
one of the following alternative forms, the blanks being properly
filled:
State of New York )ss.:
County of... .. )
On the....... day of....... in the year....... before me
personally came....... to me known, who, being by me duly
sworn, did depose and say that he resides in....... (if the
place of residence is in a city, include the street and
street number, if any, thereof); that he is the (president
or other officer or director or attorney in fact duly
appointed) of the (name of corporation), the corporation
described in and which executed the above instrument; that
he knows the seal of said corporation; that the seal affixed
to said instrument is such corporate seal; that it was so
affixed by authority of the board of directors of said
corporation, and that he signed his name thereto by like
authority.
(Signature and office of person taking acknowledgment.)
State of New York )ss.:
County of..... )
On the....... day of....... in the year....... before me
personally came....... to me known, who, being by me duly
sworn, did depose and say that he resides in....... (if the
place of residence is in a city, include the street and
street number, if any, thereof); that he is the (president
or other officer or director or attorney in fact duly
appointed) of the (name of corporation), the corporation
described in and which executed the above instrument; and
that he signed his name thereto by authority of the board of
directors of said corporation.
(Signature and office of person taking acknowledgment.)
Sec. 310. Authentication of acknowledgments and proofs made
within the state.
1. When a certificate of acknowledgment or proof is made,
within this state, by a commissioner of deeds, a justice of
the peace, town councilman, village police justice, or a
judge of any court of inferior local jurisdiction, such
certificate does not entitle the conveyance so acknowledged
or proved to be read in evidence or recorded in any county
of this state except a county in which the officer making
such certificate is authorized to act at the time of making
the same, unless such certificate is authenticated by a
certificate of the clerk of such county; provided, however,
that all certificates of acknowledgment or proof, made by a
commissioner of deeds of the city of New York residing in
any part therein, shall be authenticated by the clerk of any
county within said city, in whose office such commissioner
of deeds shall have filed a certificate under the hand and
seal of the city clerk of said city, showing the appointment
and term of office of such commissioner; and no other
certificates shall be required from any other officer to
entitle such conveyance to be read in evidence or recorded
in any county of this state.
2. Except as provided in this section, no certificate of
authentication shall be required to entitle a conveyance to
be read in evidence or recorded in this state when
acknowledged or proved before any officer designated in
section two hundred ninety-eight of this article to take
such acknowledgment or proof, nor shall such authentication
be required for recording in the office of the city register
of the city of New York of such acknowledgment or proof by a
commissioner of deeds of the city of New York.
Sec. 311. Authentication of acknowledgments and proofs made
without the state.
1. When a certificate of acknowledgment or proof is made,
either within or without the United States, by a
commissioner of deeds appointed pursuant to the laws of this
state to take acknowledgments or proofs without this state,
the conveyance so acknowledged or proved is not entitled to
be read in evidence or recorded in this state, except as
provided in subdivision five of section one hundred eight of
the executive law, unless such certificate is authenticated
by the certificate of the secretary of state of the state of
New York.
2. When a certificate of acknowledgment or proof is made by a
notary public in a foreign country other than Canada, the
conveyance so acknowledged or proved is not entitled to be
read in evidence or recorded in this state unless such
certificate is authenticated (a) by the certificate of the
clerk or other certifying officer of a court in the district
in which such acknowledgment or proof was made, under the
seal of such court, or (b) by the certificate of the clerk,
register, recorder, or other recording officer of the
district in which such acknowledgment or proof was made, or
(c) by the certificate of the officer having charge of the
official records of the appointment of such notary, or
having a record of the signature of such notary, or (d) by
the certificate of a consular officer of the United States
resident in such country.
3. When a certificate of acknowledgment or proof, made by the
mayor or other chief civil officer of a city or other
political subdivision, is not under the seal of such city or
other political subdivision, the conveyance so acknowledged
or proved is not entitled to be read in evidence or recorded
in this state unless such certificate is authenticated by
the certificate of the clerk of such city or other political
subdivision, or by the certificate of a consular officer of
the United States resident in the country where the
acknowledgment or proof was made.
4. When a certificate of acknowledgment or proof is made
pursuant to the provisions of subdivision five of section
two hundred ninety-nine or of subdivision seven of section
three hundred one of this chapter by an officer or person
not elsewhere in either of said sections specifically
designated to take acknowledgments or proofs, the conveyance
so acknowledged or proved is not entitled to be read in
evidence or recorded within this state unless such
certificate is authenticated (a) by the certificate of the
secretary of state of a state, or of the secretary of a
territory, of the United States, or (b) by the certificate
of any officer designated in subdivision three of this
section to authenticate certificates of acknowledgment or
proof, or (c) by the certificate of any officer designated
in clauses (a) or (b) of subdivision two of this section to
authenticate certificates of acknowledgment or proof, or (d)
by the certificate of the officer having charge of the
official records showing that the person taking the
acknowledgment or proof is such officer as he purports to
be, or having a record of the signature of such person.
5. Except as provided in this section, no certificate of
authentication shall be required to entitle a conveyance to
be read in evidence or recorded in this state when
acknowledged or proved before any officer designated in
section two hundred ninety-nine or in section three hundred
one of this chapter to take such acknowledgment or proof.
Sec. 312. Contents of certificate of authentication.
1. An officer authenticating a certificate of acknowledgment or
proof must subjoin or attach to the original certificate a
certificate under his hand.
2. When the certificate of acknowledgment or proof is made by a
notary public, without the state but within the United
States or within any territory, possession, or dependency of
the United States, or within any place over which the United
States, at the time when such acknowledgment or proof is
taken, has or exercises jurisdiction, sovereignty, control,
or a protectorate, the certificate of authentication must
state in substance that, at the time when such original
certificate purports to have been made, the person whose
name is subscribed to the certificate was such officer as he
is therein represented to be.
In every other case the certificate of authentication must
state in substance (a) that, at the time when such original
certificate purports to have been made, the person whose
name is subscribed to the original certificate was such
officer as he is therein represented to be; (b) that the
authenticating officer is acquainted with the handwriting of
the officer making the original certificate, or has compared
the signature of such officer upon the original certificate
with a specimen of his signature filed or deposited in the
office of such authenticating officer, or recorded, filed,
or deposited, pursuant to law, in any other place, and
believes the signature upon the original certificate is
genuine; and (c), if the original certificate is required to
be under seal, that the authenticating officer has compared
the impression of the seal affixed thereto with a specimen
impression thereof filed or deposited in his office, or
recorded, filed, or deposited, pursuant to law, in any other
place, and believes the impression of the seal upon the
original certificate is genuine.
3. When such original certificate is made pursuant to
subdivision five of section two hundred ninety-nine of this
chapter, such certificate of authentication must also
specify that the person making such original certificate, at
the time when it purports to have been made, was authorized,
by the laws of the state, District of Columbia, territory,
possession, dependency, or other place where the
acknowledgment or proof was made, to take the acknowledgment
or proof of deeds to be recorded therein.
4. When such original certificate is made pursuant to
subdivision seven of section three hundred one of this
chapter, such certificate of authentication must also
specify that the person making such original certificate, at
the time when it purports to have been made, was authorized,
by the laws of the country where the acknowledgment or proof
was made, to take acknowledgments of conveyances of real
estate or to administer oaths in proof of the execution
thereof.
Sec. 313. Notary public.
The term "notary public," as used in sections two hundred ninety-
nine, three hundred one, three hundred eight, and three hundred
eleven, of this chapter, includes any person appointed to perform
notarial functions.
Sec. 313-a. Deputies.
When any officer, designated by the provisions of this article to
take acknowledgments or proofs of conveyances of real estate to
be read in evidence or recorded in this state, or to authenticate
certificates of such acknowledgment or proof, is authorized by
law to appoint a deputy, or when such officer has by law a
deputy, such deputy may take such acknowledgments or proofs, or
may authenticate such certificates.
Sec. 314. Recording of conveyances acknowledged or proved
without the state, when parties and certifying
officer are dead.
When the execution of a conveyance of real property within this
state is acknowledged or proved according to the laws of any
other state of the United States, and a certificate of the
acknowledgment or proof signed by the officer taking it is
annexed to or indorsed upon the instrument, if such officer and
the grantor or mortgagor be dead and the death of all of them be
proved by affidavit, sworn to in such state before an officer
authorized by its laws to administer an oath therein, the
conveyance, with the affidavit or affidavits annexed thereto, on
being authenticated as required by this section, may be read in
evidence and recorded in the same manner, and with like effect,
as if the conveyance was acknowledged or proved and certified as
required by the laws of this state. To entitle such conveyance
and affidavits to be read in evidence, or recorded, a certificate
of the clerk, recorder, register or prothonotary of the county in
which the deceased officer resided, authenticating his signature,
and also certifying that the conveyance is acknowledged or proved
in all respects, as required by the laws of such state, must be
annexed to the original certificate; and a like certificate of
such clerk, recorder, register or prothonotary, authenticating
the signature of the officer, before whom the affidavits proving
the deaths were taken, must be annexed to such affidavits. The
affidavits on being recorded, are presumptive evidence of the
matters of fact, required to be stated therein.
Sec. 314-a. Proof when witnesses are dead.
When the witnesses to a conveyance, authorized to be recorded,
are dead, its execution may be proved before any officer
authorized to take within the state the acknowledgment and proof
of conveyances, other than a commissioner of deeds, a notary
public, or a justice of the peace. The proof of the execution
must be made by satisfactory evidence of the death of all the
witnesses thereto, and of the handwriting of such witnesses, or
any one of them, and of the grantor, which evidence, with the
name and residence of each witness examined, must be set forth by
the officer taking the same, in his certificate of proof. A
conveyance so proved, and certified, may be recorded in the
proper office, if the original conveyance be at the same time
deposited in the same office, there to remain for the inspection
of all persons desiring to examine the same. If the conveyance
affects real property in two or more counties, a certified copy
of the conveyance, with the proof and certificates, may be
recorded in each of such counties. Such recording and deposit are
constructive notice of the execution of such conveyance to all
purchasers of the same real property, or any part thereof, from
the same vendor, his heirs or assigns, subsequent to such
recording, but do not entitle the conveyance or the record
thereof, or a transcript of the record, to be read in evidence.
Sec. 315. Recording books.
Different sets of books must be provided by the recording officer
of each county, for the recording of deeds and mortgages; in one
of which sets he must record all conveyances and other
instruments absolute in their terms, which are not intended as
mortgages or securities in the nature of mortgages, and all
executory contracts for the sale, purchase or exchange of real
property, or memoranda thereof, and all instruments canceling or
extending such contracts, which conveyances, contracts or
instruments are delivered to him, pursuant to law, to be so
recorded, and all forms pertaining to commitments of land to
continued agricultural production required to be so recorded
pursuant to section three hundred six of the agriculture and
markets law; and in the other set, such mortgages and securities,
and assignments of rent, delivered to him; excepting that if the
recording is by microphotography or other photographic process,
the recording officer shall not be required to maintain books for
such records, but shall provide such filing equipment as he may
deem appropriate. The recording officer may, in his discretion,
record in consecutive order the instruments received by him, and
shall not be required to segregate mortgages from deeds or other
classes of instruments.
Sec. 316. Indexes.
Each recording officer must provide, at the expense of his
county, proper books for making general indexes of instruments
recorded in his office, and must form indexes therein, so as to
afford correct and easy reference to the records in his office.
There must be one set of indexes for mortgages or securities in
the nature of mortgages and assignments of rent; and another set
for conveyances and other instruments not intended as such
mortgages or securities, and executory contracts for sale,
purchase or exchange of real property, or memoranda thereof, and
instruments canceling or extending such contracts. Each set must
contain two lists in alphabetical order, one consisting of the
names of the grantors or mortgagors and assignors, followed by
the names of their grantees, mortgagees or assignees, and the
other list consisting of the names of the grantees or mortgagees
and assignees, followed by the names of their grantors,
mortgagors, or assignors, with proper blanks in each class of
names, for subsequent entries, which entries must be made as
instruments are delivered for record. This section, so far as
relates to the preparation of new indexes, shall not apply to a
county where the recording officer now has general numerical
indexes.
A recording officer who records a conveyance of real property or
assignment of rent, sold by virtue of an execution, or by a
sheriff, referee or other person, pursuant to a judgment, the
granting clause whereof states whose right, title or interest was
sold, must insert in the proper index, under the head, "grantors"
or "assignors", the name of the officer executing the conveyance,
and of each person whose right, title or interest is so stated to
have been sold.
Such indexes shall form a part of the record of each instrument
hereafter recorded.
A county clerk may adopt a new indexing system utilizing electro-
mechanical, electronic or any other method he deems suitable for
maintaining the indexes.
Sec. 316-a. Indexing and reindexing conveyances, mortgages and
other instruments.
1. Every instrument affecting real estate or chattels real,
situated in the county of Suffolk, which shall be, or which
shall have been recorded in the office of the clerk of said
county on and after the first day of January, nineteen
hundred fifty-one, shall be recorded and indexed pursuant to
the provisions of this act.
2. The clerk of the county of Suffolk is hereby directed and
required, immediately upon the passage of this act, to cause
to be prepared one or more books for each town in the said
county of Suffolk for the indexing therein, under the proper
town so designated, of all instruments now required by law
to be recorded in the books of conveyances. And said clerk
shall also cause to be prepared one or more books for each
of said towns in said county for the indexing therein, under
the proper town so designated, of all instruments now
required by law to be recorded in the books of mortgages.
Said indexes shall be deposited in the office of said clerk.
They shall be prepared so as to contain the date of
recording of each instrument, the names of the parties to
each instrument and the liber and page of the record thereof
and shall be substantially the forms of the schedules hereto
annexed, designated respectively as schedule A, schedule B,
schedule C, schedule D, which schedules shall be deemed and
taken to be a part of this act. Said books shall be entitled
"town indexes of conveyances and mortgages" respectively,
and shall indicate the towns to which they respectively
relate.
3. It shall be the duty of the said clerk to provide and keep
in his office, besides said town indexes, a "daily index, or
tickler of conveyances," and a "daily index, or tickler of
mortgages," together with books or records in which shall be
recorded at length conveyances and mortgages recorded in his
office, each of which shall be endorsed in its proper liber
number.
4. Every instrument presented to said clerk for record, and
requiring to be indexed under this act after the date when
this act shall go into operation, in order to entitle the
same to be recorded, shall have included therein, in the
description of the premises, a designation of the town in
said county in which the land affected by the instrument
lies, and if it lies in two or more towns of said county the
name of each and every town in which the land affected by
the instrument is situated. Every assignment of a mortgage,
and every agreement respecting a mortgage, to entitle the
same to be recorded, shall have included therein a
designation of the town in said county in which the land
lies which is affected by the mortgage to which such
assignment or agreement relates, and if such land lies in
two or more towns of said county the name of each and every
town in which the land affected by the mortgage to which
such assignment or agreement relates. And a record of the
instrument shall not be effectual by way of notice to bona
fide purchasers or encumbrancers in respect to any land
situated in any town of said county not so designated except
as hereinafter provided.
5. Whenever any instrument affecting or relating to land in
said county entitled to be recorded and required to be
indexed under the provisions of this act shall be presented
to the said clerk for record, he shall forthwith endorse
thereupon the date, hour and minute of acceptance for
recording by him, and enter in the proper index or tickler
the name of every party executing said instrument, the date
of record thereof and the name of every town designated as
aforesaid for the indexing of such instrument and as soon as
practicable thereafter shall cause the said instrument to be
indexed in the proper book or books of the town indexes
under the proper town designated in which such property is
situated.
6. The entries made in said indexes in conformity with the
requirements of this act shall for the purpose of notice be
deemed and taken to be a part of the record of the
instrument to which such entries respectively refer and
shall be notice to such subsequent purchasers or
encumbrancers to the same extent and with the like effect as
the recording of such instruments in the office of said
clerk now is or may be notice.
7. For the purposes of indexing under the provisions of this
act all conveyances, mortgages, or other instruments
recorded and indexed or reindexed under the provisions of
this act shall be so indexed or reindexed under the proper
town book of index indicated in the description hereinbefore
provided for, and in an order and sequence known as the
"first letter of the last name and first letter of the first
named method". The corporate names shall be indexed under
the first letter of the first substantive word of the name
of the corporation, or in the event of a corporation using
the proper name of an individual, such as John Smith, Inc.,
such index shall be under Smith, John, Inc., as well as John
Smith, Inc.
8. In cases where any instrument shall have been recorded
without such designation as required by this act, or with
erroneous designation, the said clerk shall, on presentation
of proper proof thereof, enter such instrument in the proper
index of the proper town, the designation of which shall
have been erroneously stated or omitted, and shall at the
same time make a note of such entry and the date thereof, in
every place in which such instrument may have been
erroneously indexed, opposite the entry thereof, and also
upon the record of the instrument and upon the instrument
itself, if the same be in his possession or produced to him
for the purpose, and the record of such instrument shall be
constructive notice as to the property in any town not duly
designated at the time of such record, only from the time
when the same shall be properly indexed.
9. No entry in any book or index in said clerk's office shall
be erased so as to be illegible, but in case of any
correction, the same shall be made without destroying the
original by drawing a line through such original entry, and
in such cases the date of such correction, attested by the
signature of the clerk or his deputy, shall be entered upon
the same page on which such correction is made, on the
margin opposite such correction. In the event the indexes
are in a microfilm the correction shall be made by a hole
being punched in the margin adjacent to the corrected entry.
No initials being required in this event.
10. Any person presenting to said clerk an instrument for
record, under this act, shall pay to said clerk, in addition
to the fees now required by law for recording like
instruments, the further sum of one dollar for each
additional town beyond one under which said instrument is
required to be indexed, and the sum of one dollar for each
town shall be payable whenever an instrument already
recorded is required to be reindexed under section eight.
11. The provisions of this act shall not apply to the indexing
of general assignments, wills, powers of attorney, executory
contracts for sale or purchase of land or satisfaction of
mortgages, but such instruments shall be filed or recorded
as now required by law and when recorded they shall be
indexed in separate alphabetical indexes.
12. For the purpose of carrying out the various provisions of
this act the clerk may employ such necessary clerical help
as may in his judgment be required.
13. The board of supervisors of said county is hereby authorized
and directed to appropriate, for the purpose of carrying out
the provisions of this act, all such sums of money as may be
necessary therefor.
14. The records and indexes herein provided to be made under the
authority of this act shall be deposited in the office of
the clerk of said county for public use and the same shall
be public records.
15. To the extent that the provisions herein are inconsistent
with any general or special law, this act shall be
controlling.
16. This act shall be deemed and taken to be a public and not a
private act.
17. The county clerk may adopt a new indexing system utilizing
electro-mechanical, electronic, or any other method he deems
suitable for maintaining the indexes. Such system shall be
approved by the county legislature before being implemented.
Sec. 316-b. Inactive hazardous waste disposal site registry
index.
1. On and after July first, nineteen hundred ninety-three, each
recording officer must provide, at the expense of his
county, proper books for making an index of present owners
of inactive hazardous waste disposal sites contained in the
annual report required by section 27-1305 of the
environmental conservation law. The index shall contain an
alphabetical listing of all owners listed in such annual
report completed by the department of environmental
conservation, together with a reference, for each present
owner, to the page and year of the report where information
regarding the inactive hazardous waste site may be located.
The index shall also contain the tax map parcel number or
the section, block and lot number of the site.
2. (a) No recording officer shall be liable for the
failure to comply with the provisions of this section
prior to July first, nineteen hundred ninety-three.
(b) Any entries, index or other listing contained in the
books required to be provided by this section prior to
July first, nineteen hundred ninety-three shall be
null, void and of no effect, nor shall such entries,
index or listing be considered to provide actual or
constructive notice of inactive hazardous waste
disposal sites for any purpose.
Sec. 317. Order of recording.
Every instrument, entitled to be recorded, must be recorded by
the recording officer in the order and as of the time of its
delivery to him therefor, and is considered recorded from the
time of such delivery.
Sec. 318. Certificate to be recorded.
The certificate of the acknowledgment or proof of the execution
of an instrument, and the certificate authenticating the
signature or seal of the officer so certifying, or both, if
required, must be recorded together with the instrument so
acknowledged or proved; otherwise neither the record of the
instrument nor a transcript thereof can be read in evidence.
Sec. 319. Time of recording.
The recording officer must make an entry in the record,
immediately after the copy of every instrument recorded by him,
stating the hour, day, month and year, when it was recorded, and
must endorse upon every such instrument a certificate, stating
the time as aforesaid, when, and the book and page where, the
same was recorded. If the recording is by microphotography or
other photographic process, the recording officer must endorse on
the instrument the hour, day, month and year when it was
recorded, and the serial number or such other designation as will
permit easy reference to the record of such instrument, and he
must, in addition, place thereon a certificate stating that the
instrument has been recorded in deeds or mortgages as the case
may be.
Sec. 320. Certain deeds deemed mortgages.
A deed conveying real property, which, by any other written
instrument, appears to be intended only as a security in the
nature of a mortgage, although an absolute conveyance in terms,
must be considered a mortgage; and the person for whose benefit
such deed is made, derives no advantage from the recording
thereof, unless every writing, operating as a defeasance of the
same, or explanatory of its being desired to have the effect only
of a mortgage, or conditional deed, is also recorded therewith,
and at the same time.
Sec. 321. Recording discharge of mortgage.
1. The recording officer shall mark on the record of a mortgage
the word "discharged" when there is presented to him a
certificate or certificates signed as hereinafter provided,
and acknowledged or proved and certified in like manner as
to entitle a conveyance to be recorded, specifying that the
mortgage has been paid or otherwise satisfied and
discharged.
(a) When it does not appear from the record that any
interest in the mortgage has been assigned, the
discharge shall be signed by the mortgagee or by his
personal representative.
(b) When it appears from the record that the mortgage has
been assigned, whether or not the assignment was made
as collateral security, the discharge shall be signed
by the person who appears from the record to be the
last assignee thereof or by his personal
representative.
(c) When the mortgage or an assignment thereof names two or
more persons as mortgagees or assignees, the discharge
shall be signed by the person or persons designated by
the mortgage or assignment to receive payment of the
mortgage debt or to give full acquittance and discharge
therefor. When no such person or persons are designated
by the mortgage or assignment, the certificate of
discharge shall be signed by all of the persons named,
in the mortgage or assignment, as mortgagees or
assignees, as the case may be, or by their personal
representatives, if the mortgage or assignment (i)
specifies their respective interest in terms of a sum
of money, or in terms of a fraction or percentage, or
(ii) states that such persons shall share equally in,
or shall have equal shares in the mortgage, or (iii)
describes such persons as tenants in common of the
mortgage. When it appears from the record that the
mortgage is held by trustees, the certificate of
discharge shall be signed by a majority of such
trustees or of the survivors of them or by the
survivors or survivor of them, unless the instrument
creating the trust provides otherwise. Except as
required above, the discharge may be signed by any one
of the persons named in the mortgage or assignment, as
mortgagees or assignees, as the case may be, or by the
personal representative of the last survivor of them.
If the mortgage or assignment states that the persons
named therein as mortgagees or assignees shall hold the
mortgage jointly, or describes such persons as joint
tenants or tenants by the entirety of the mortgage, or
expressly creates a right of survivorship among them,
the discharge may be signed by any one of such persons
or by the personal representative of the last survivor
of them notwithstanding that the mortgage or assignment
specifies their respective interests in the mortgage or
states that they shall share equally or have equal
shares therein.
(d) When the mortgage has been partially assigned, the
certificate of discharge shall be signed by all of the
persons, or their personal representatives, who in the
aggregate are the holders of all portions of the
mortgage, including each partial assignee, and the
assignor in case any portion of the mortgage has not
been assigned; provided, however, that if any partial
assignment names two or more persons as assignees, the
person or persons who may sign the certificate
discharging such partial interest shall be determined
in accordance with the provisions of paragraph (c) of
this subdivision.
(e) Whenever two or more persons are required to execute a
certificate of discharge as provided in this
subdivision, there may be presented in lieu of such
certificate, separately executed certificates of
discharge as to the respective interests of each in the
mortgage so that together the several certificates
purport to discharge the entire mortgage.
(f) In place of any of the persons specified in paragraphs
(a), (b), (c) or (d) of this subdivision, a certificate
of discharge of the mortgage or of any interest therein
may be signed (i) by an agent who has been authorized
by any such person to demand or receive payment or to
give a certificate of discharge of the mortgage by a
power of attorney, provided such power of attorney is
of record in the office where the mortgage is recorded,
and no instrument of revocation has been recorded; or
(ii) by any person in whom title to such mortgage or to
such interest, or authority to act on behalf of or in
exercise of the right or power of the holder of such
mortgage or of such interest is vested, in a fiduciary
capacity, by virtue of an order or decree of a court
having jurisdiction thereof, including, but not limited
to, the guardian of a minor, the committee of an
incompetent person, or the conservator of a
conservatee, whether domestic or foreign, and a
receiver in bankruptcy or trustee in bankruptcy. A
certificate executed by any person specified in clause
(ii) of this paragraph shall recite the name of the
court and the venue of the proceedings in which his
appointment was made, or the order or decree vesting
him with such title or authority was entered.
(g) If the mortgage is stated in the certificate of
discharge to have been taken by the alien property
custodian under and pursuant to the trading with the
enemy act adopted by the United States congress, and
approved October sixth, nineteen hundred sixteen, or
any act amendatory thereof, or supplemental thereto,
such certificate may be executed by such alien property
custodian or such person as the president may appoint
to give full acquittance and discharge for money or
property belonging to an enemy or ally of an enemy
which may be conveyed, assigned, delivered or
transferred to said alien property custodian, with like
effect as if the same had been executed by the
mortgagee, his personal representative or assignee.
Such certificate may be recorded, and such certificate,
the record thereof and a certified copy of such record
may be introduced in evidence in all courts of this
state.
2. (a) The recording officer shall record and file such
certificate or certificates together with the
certificates of acknowledgment or proof, and shall note
on the record of the mortgage the book and page
containing such record of such certificate or
certificates or the serial number of such record in the
minute of the discharge of such mortgage, made by the
officer upon the record thereof. The provisions of this
paragraph shall not apply to the county of Suffolk, if
the block method of index is in use, or a separate
index of satisfactions recorded is maintained.
(b) The recording officer shall also record every other
instrument relating to a mortgage which is presented to
him, acknowledged or proved in like manner as to
entitle a conveyance to be recorded, including
certificates purporting to discharge a mortgage or an
interest therein which are signed by persons other than
those specified in the first subdivision of this
section, and also including, but not limited to,
assignments, releases, partial discharges, reductions,
estoppel certificates, extensions, discharges of
partial interest and partial discharges of partial
interest, regardless by whom any such instrument has
been executed. When any such instrument has been
recorded, the recording officer, except in counties
where the block method of indexing is in use, or in
Suffolk county, if a separate index of said instruments
is maintained, shall enter a minute upon the record of
the mortgage to which such instrument relates,
indicating the nature of such instrument and the book
and page where it has been recorded or the serial
number of such record.
3. Every certificate presented to the recording officer shall
be executed and acknowledged or proved in like manner as to
entitle a conveyance to be recorded. If the mortgage has
been assigned, in whole or in part, the certificate shall
set forth the date of each assignment in the chain of title
of the person or persons signing the certificate, the names
of the assignor and assignee, the interest assigned, and, if
the assignment has been recorded, the book and page where it
has been recorded or the serial number of such record; or if
the assignment is being recorded simultaneously with the
certificate of discharge, the certificate of discharge shall
so state. If the mortgage has not been assigned of record,
the certificate shall so state.
No certificate presented to the recording officer shall
purport to discharge more than one mortgage, except that one
certificate may purport to discharge two or more mortgages
where the certificate states that one of such mortgages
corrects, perfects or modifies the other mortgage or
mortgages, or spreads the lien of the other mortgage or
mortgages over the property subject to the lien of such
mortgage, or consolidates the lien of the other mortgage or
mortgages with the lien of such mortgage to constitute a
single lien, or where the certificate states that the liens
of the mortgages which the certificate purports to discharge
have been so spread or so consolidated by a separate
instrument and such instrument has been recorded; provided
that in such case the certificate of discharge shall
identify and describe each mortgage which it purports to
discharge, in a separate paragraph, in the same manner and
with the same particularity, and setting forth the same
information with respect to assignments thereof, as would be
required for a separate certificate discharging that
mortgage, and shall also state, in a separate paragraph for
each instrument, the date of any such separate instrument by
which the liens of the mortgages have been spread or
consolidated, the names of the parties thereto, and the book
and page where it has been recorded or the serial number of
such record. In any such case, except where otherwise
expressly provided by law, the fee or fees which the
recording officer is entitled to receive for filing and
entering a certificate of discharge of a mortgage and
examining assignments of such mortgage shall be payable with
respect to each mortgage which the certificate purports to
discharge, to the same extent as if a separate certificate
of discharge had been filed for such mortgage.
4. After the record of the mortgage has been marked with the
word "discharged," the recording officer shall make and
deliver to any person tendering the lawful fees therefor,
his certificate setting forth the names of the mortgagor and
the mortgagee, the book and page at which, the date when
such mortgage was recorded, and the date on which the record
of such mortgage was so marked, except in a county where
recording is done by microphotography or photostating in the
manner permitted by law, in which case, after
microphotography or photostating, such certificate of
discharge and the certificates of its acknowledgment or
proof shall, in lieu of filing as provided in paragraph (a)
of subdivision two of this section, be returned to the party
leaving same for record.
5. The term "personal representative" as used in this section
shall include the following:
(a) An executor or administrator or one of two or more
executors or administrators, whether domestic or
foreign, including the public administrator, and an
ancillary administrator appointed in this state. A
certificate executed by any such personal
representative shall recite the name of the court and
the venue of the proceedings in which his letters
testamentary or of administration were issued.
(b) All of the distributees of a person dying intestate for
whom no administrator shall have been appointed,
provided that two years shall have elapsed since the
date of death of such intestate. A certificate executed
by such distributees shall recite the date of death of
the intestate, his place of residence at the time of
death, the fact that he died intestate, that no
administrator has been appointed and that they
constitute all the distributees of the intestate.
6. The provisions of this section authorizing the recording
officer to mark on the record of a mortgage the word
"discharged" shall not be deemed to enlarge, diminish or
alter the legal effect which a certificate executed by any
person or persons, or any payment made by the mortgagor or
other transaction with respect to the mortgage or the
mortgage debt, would otherwise have upon the rights of the
mortgagor or of any person claiming a right or interest in
the mortgage, the mortgage debt or the property subject to
the mortgage.
7. In a county in which recording is accomplished by microfilm
process and in which a block index of mortgages is also
maintained it will not be necessary to mark the record of
the mortgage "discharged", but it will be deemed sufficient
compliance with this section if there is entered upon the
block index of such mortgage the date of filing and the
serial number of the certificate effecting the discharge.
7-a. If in any county, recording is accomplished by microfilm
process and a separate index for satisfactions recorded is
maintained or in which a block index of mortgages is also
maintained it will not be necessary to mark the record of
the mortgage "discharged", but it will be deemed sufficient
compliance with this section if there is entered upon the
index of such mortgage the date of filing and the serial
number of the certificate effecting the discharge.
8. Certificates of discharge of mortgage and certificates of
their acknowledgment or proof heretofore or hereafter
recorded and filed, may be returned personally or by mail to
the party leaving same for record or destroyed after
microfilming or photostating where proper indices are
maintained.
Sec. 321-a. Recording discharge of rent assignment.
An assignment of rent to accrue from real property, heretofore
recorded, or hereafter recorded pursuant to section two hundred
ninety-four-a of this chapter, must be discharged upon the record
thereof, by the recording officer, upon presentation to him of a
certificate signed by the assignee, or by his personal
representative or his assignee, and acknowledged or proved and
certified in like manner to entitle a conveyance to be recorded,
specifying that the obligation secured by the assignment of rent
has been satisfied or discharged, or that the assignment of rent
is canceled. When so signed and acknowledged or proved and
certified, such certificate may be recorded, and such
certificate, the record thereof, and a certified copy of such
record may be introduced in evidence in all courts of this state.
The certificate of discharge, and the certificates of its
acknowledgment or proof, must be recorded and filed; and a
reference must be made to the book and page containing such
record in the minute of the discharge of such assignment of rent,
made by the officer upon the record thereof. After such discharge
has been recorded the recording officer shall make and deliver to
the person in whose interest such discharge of assignment of rent
is executed and recorded, his certificate setting forth the names
of the assignor and assignee, the liber and page at which, the
time when such assignment of rent was recorded, and the date on
which said assignment of rent was satisfied and discharged.
Sec. 324. Effect of recording assignment of mortgage.
The recording of an assignment of a mortgage is not in itself a
notice of such assignment to a mortgagor, his heirs or personal
representatives, or to an owner of the mortgaged premises where
such assignment is recorded subsequent to the recording of the
conveyance of such premises to such owner, so as to invalidate a
payment made by either of them to the mortgagee or to a prior
assignee of the mortgage.
Sec. 325. Recording of conveyances made by treasurer of
Connecticut.
A conveyance of real property, executed at any time since the
tenth day of March, eighteen hundred and twenty-five, by the
treasurer of the state of Connecticut, acknowledged by him before
the secretary of state of such state, and the acknowledgment of
which is certified by such secretary of state under the seal of
such state, in the manner required for the acknowledgment and
certification of a conveyance within this state, may be recorded
in the proper office within this state, without further proof
thereof.
Sec. 326. Revocation to be recorded.
A power of attorney or other instrument, recorded pursuant to
this article, is not deemed revoked by any act of the party by
whom it was executed, unless the instrument containing such
revocation is also recorded in the same office in which the
instrument containing the power was recorded.
Sec. 327. Penalty for using long forms of covenants.
The recording officer of any county may charge for the recording
of an instrument containing any of the covenants mentioned in
section two hundred and fifty-three and two hundred and fifty-
four of this chapter, at large, instead of the short forms
thereof, in said sections contained, the sum of five dollars in
addition to the fees chargeable by law for such recording.
Sec. 328. Certain acts not affected.
Nothing contained in this article repeals or affects any act
providing for recording and indexing instruments affecting real
property in the city of New York, according to city blocks or
other limited areas.
Sec. 329. Actions to have certain instruments canceled of
record.
An owner of real property or of any undivided part thereof or
interest therein or an owner of rent to accrue from a tenancy or
subtenancy thereof, may maintain an action to have any recorded
instrument in writing relating to such real property or interest
therein, other than those required by law to be recorded, or any
recorded assignment of rent to accrue from a tenancy or
subtenancy of such property or interest therein declared void or
invalid, or to have the same canceled of record as to said real
property, or his undivided part thereof or interest therein, or
as to the rent to accrue therefrom belonging to him.
Sec. 330. Officers guilty of malfeasance liable for damages.
An officer authorized to take the acknowledgment or proof of a
conveyance or other instrument, or to certify such proof or
acknowledgment, or to record the same, who is guilty of
malfeasance or fraudulent practice in the execution of any duty
prescribed by law in relation thereto, is liable in damages to
the person injured.
Sec. 331. Laws and decrees of foreign countries appointing
agents and attorneys and recording of the same.
A copy of a law of a foreign country or of a decree of the
executive power of such a country, appointing an agent or
attorney with power to execute and deliver in the name or on
behalf of such foreign country, any instrument in writing
granting, assigning, surrendering or in any manner affecting any
estate or interest of such government in real property within
this state, or assigning or discharging any lien or claim of such
government upon real property within this state, or of a law or
decree revoking such an appointment, if in English, or a
translation into English of any such law or decree, if the
original thereof be in a language other than English, when
certified and recorded as hereinafter provided, shall be
presumptive evidence of the authority of such agent or attorney.
Certification of such copy or translation shall be made under the
great seal of such foreign country and shall be to the effect
that the same is a true copy or translation of such law or
decree. Such copy or translation of such law or decree, when so
certified, may be recorded in the office of the clerk or register
of any county of this state, and such copy or translation when so
certified and recorded, or a certified copy of the record
thereof, shall be received as evidence in any court of this
state. The authority conferred under any instrument so recorded
shall not be deemed revoked as to property situated in any county
except by the recording in such county of a copy or translation
of a law or decree to that effect, duly certified in the manner
hereinbefore provided. Nothing in this section shall in any way
affect the right or power of a foreign country to acquire, hold
or convey real property in this state, or be construed to confer
any such right or power.
Sec. 332. The record of certain conveyances validated.
1. The record made prior to July first, nineteen hundred fifty-
five in the office of the recording officer of any county in
this state of any deed, mortgage, assignment or satisfaction
piece of a mortgage, or other conveyance or power of
attorney, otherwise authorized to be recorded therein,
notwithstanding that the certificate of acknowledgment or
proof did not set forth the place of residence of a
subscribing witness or of a corporate officer or director,
or did not set it forth with sufficient particularity, and
notwithstanding any other defect in the form of the
certificate of acknowledgment or proof or the failure to
append thereto a certificate as to the authority of the
person who took the acknowledgment or proof, to take the
same, or any defect in the form of such certificate of
authority, shall be in all respects as valid and effectual
as though such certificate of acknowledgment or proof or
certificate of authority had been in proper form or such
certificate of authority had been appended to such
instrument. Provided only that such person was duly
authorized at the time of taking the proof or acknowledgment
to take the same in the county where the instrument is
recorded or in the place, whether within or without the
United States, where the same was taken.
2. All acknowledgments or proofs of conveyance of real property
made or taken prior to April tenth, nineteen hundred thirty,
before a judge, clerk, deputy clerk or special deputy clerk
of a court not of record of this state are confirmed.
3. All acts of the secretary of state of any state or territory
of the United States in authenticating a certificate of
acknowledgment or proof of a conveyance of real property
within the state, performed before October first, nineteen
hundred twenty-five, are hereby confirmed, provided that the
said certificate of authentication is in the form required
by the laws of this state on March twenty-third, nineteen
hundred twenty-six or now required by law.
4. If an instrument is recorded hereafter notwithstanding the
omission from the certificate of acknowledgment or proof of
the street and street number of a subscribing witness or of
a corporate officer or director contrary to the provisions
of sections three hundred four and three hundred nine of
this chapter, the record of such instrument shall not be
invalidated by reason of such omission nor shall the title
founded on such instrument be impaired thereby.
5. Nothing in this section shall effect any pending action or
proceeding nor the rights of any purchaser in good faith and
for a valuable consideration whose conveyance shall have
been duly recorded before this Section as amended shall take
effect.
Sec. 332-a. Validation of the record, execution and proof or
acknowledgment of certain other instruments.
The record made prior to the day when this act takes effect in
the office of the recording officer of any county in this state
or, the execution and proof or acknowledgment made prior to the
day when this act takes effect, of any deed, mortgage, assignment
or satisfaction piece of a mortgage, discharge or release of part
of mortgaged premises, or other conveyance or a power of
attorney, the acknowledgment of the execution of which by a
corporation was made by an officer thereof, or the execution of
which was proven by a subscribing witness, such acknowledgment or
proof having been taken or made before an officer or person
thereto authorized, and the certificate or certification thereof
or therefor being sufficient as to form in all respects except
that it either did not state the place of residence of such
officer of the corporation or of such subscribing witness or did
not state it with sufficient particularity, shall be in all
respects as valid and effectual as though such certificate or
certification had contained a sufficient statement as to such
place of residence; but this section shall not affect any action
or proceeding pending at the time of the taking effect thereof.
Sec. 332-b. The record of certain other conveyances validated.
1. The record made subsequent to February thirteenth, nineteen
hundred forty and prior to the time this section shall take
effect in the office of the recording officer of any county
in this state of any deed, mortgage, assignment or
satisfaction piece of a mortgage, or other conveyance or
power of attorney, otherwise authorized to be recorded
therein, notwithstanding any defect in the form of the
certificate of acknowledgment or proof or the failure to
append thereto a certificate as to the authority of the
person who took the acknowledgment or proof, to take the
same, or any defect in the form of such certificate of
authority, shall be in all respects as valid and effectual
as though such certificate of acknowledgment or proof or
certificate of authority had been in proper form or such
certificate of authority had been appended to such
instrument. Provided only that such person was duly
authorized at the time of taking the proof or acknowledgment
to take the same in the county where the instrument is
recorded or in the place, whether within or without the
United States, where the same was taken.
2. Nothing in this section shall affect any pending action or
proceeding nor the rights of any purchaser in good faith and
for a valuable consideration whose conveyance shall have
been duly recorded before this Section shall take effect.
Sec. 333-a. Same; maps to be filed.
No conveyance of real property or other document relating to real
property, executed on or after July first, nineteen hundred
thirty-one, which contains a recital of or a reference to a map
made on or after that date or which has thereunto attached such a
map, shall be received for record or recorded by such recording
officer unless and until a duplicate of such map, prepared in the
same manner as prescribed for the preparation of maps in section
three hundred and thirty-four of this chapter, shall be filed in
the office of such recording officer and no map, attached to any
conveyance or other document relating to real property, shall
exceed the standard legal cap size, except that in the county of
Putnam the size shall be not less than twenty by twenty inches
and not more than thirty-six by forty-eight inches in size and
that in the counties of Westchester and Dutchess the size shall
not be more than thirty-six by forty-eight inches. This section
shall not apply to the counties of New York, Kings, Queens,
Nassau, Suffolk, Bronx, Onondaga, Erie, Monroe or Richmond.
Notwithstanding any of the provisions of this section a
conveyance of real property or other document relating to real
property shall not be invalid or void for failure to file
therewith any map referred to in such conveyance or document.
Sec. 333. When conveyances of real property not to be
recorded.
1. After September thirtieth, nineteen hundred and ten, a
recording officer shall not record or accept for record any
conveyance of real property executed subsequent to said
September thirtieth, nineteen hundred and ten, unless the
residence of the purchaser and if in a city of over five
hundred thousand inhabitants according to the last federal
census the street number of the residence of the purchaser
shall be stated therein and such residence and street number
shall be recorded with the conveyance. After May first,
nineteen hundred and fourteen, a recording officer shall not
record or accept for record any conveyance of real property
executed subsequent to said first day of May, nineteen
hundred and fourteen, if in a city of over two hundred
thousand inhabitants according to the last federal census,
unless the street number of the residence of the purchaser
shall be stated therein and such residence and street number
shall be recorded with the conveyance; provided, however,
that this section shall not operate to invalidate any
conveyance of real property, heretofore or hereafter
executed, in which the residence or street number of the
purchaser shall not have been stated, nor affect the record
of any such conveyance accepted for record and recorded,
heretofore or hereafter, contrary to the provisions of this
section, nor impair any title founded on such a conveyance
or record. After July first, nineteen hundred thirty-five, a
recording officer of the county of Nassau shall not record
or accept for record any conveyance of real property
executed subsequent to said first day of July, nineteen
hundred thirty-five, unless the city or incorporated village
in which such real property is located be stated therein,
and if not located in a city or incorporated village, then
the township in which located shall be stated therein;
provided, however, that this Section shall not operate to
invalidate any conveyance of real property, heretofore or
hereafter executed, in which the description fails to
designate the city or incorporated village in which the real
property is located, nor affect the record of any such
conveyance accepted for record and recorded, heretofore or
hereafter contrary to the provisions of this section, nor
impair any title founded on such a conveyance or record.
1-a. After September first, nineteen hundred forty, a recording
officer shall not record or accept for record any conveyance
of real property executed subsequent to said first day of
September, nineteen hundred forty, unless the residence of
the seller and of the purchaser, including the street and
street number of the residence if any there be, shall be
stated therein and such residences, including street and
street number if any, shall be recorded with the conveyance;
provided, however, that the provisions of this subdivision
shall not operate to invalidate any conveyance of real
property, executed subsequent to said first day of
September, nineteen hundred forty, in which the residence,
including street and street number if any, of the seller and
of the purchaser shall not have been stated, nor affect the
record contrary to the provisions of this subdivision, nor
impair any title founded on such a conveyance or record.
1-b. With respect to instruments executed after September first,
nineteen hundred forty-four, the terms seller and purchaser,
as used in this section, shall include any party to a
conveyance of real property.
1-c. With respect to instruments executed after September first,
nineteen hundred forty-four, the term conveyance of real
property as used in this section shall include any
conveyance as defined in subdivision three of section two
hundred ninety of the real property law and any instrument
entitled to be recorded under section two hundred ninety-
four of the real property law.
1-d. After September first, nineteen hundred fifty-five a
recording officer shall not record or accept for record any
deed transferring title to real property executed subsequent
to September first, nineteen hundred fifty-five, unless the
city, town and village in which such real property is
located be stated therein; provided, however, that this
Section shall not operate to invalidate any such deed,
heretofore or hereafter executed, in which the description
fails to designate the city, town and village in which the
real property is located, nor affect the record of any such
deed accepted for record and recorded, heretofore or
hereafter contrary to the provisions of this section, nor
impair any title founded on such deed or record.
1-e. i. A recording officer shall not record or accept for
record any conveyance of real property affecting land
in New York state unless accompanied by a transfer
report form prescribed by the state board of real
property services and a fee of twenty-five dollars
pursuant to subdivision three of this section.
ii. Such transfer report form shall contain information as
required by such board including:
(1) the mailing address of the new owner;
(2) the tax billing address, if different from the
owner's mailing address;
(3) the appropriate tax map designation, if any;
(4) a statement of the full sales price relating
thereto;
(5) a statement whether the parcel is located in an
agricultural district and if so a disclosure
notice has been provided pursuant to Section
three hundred thirty-three-c of this article;
(6) a statement whether the property described in
such deed is the entire parcel owned by the
transferor or transferors;
(7) that in the event the parcel conveyed by such
deed is a portion of the parcel owned by the
transferor or transferors, a statement whether
the city, town or village in which such property
is situated has a planning board or other entity
empowered to approve subdivisions; and
(8) that in the event such planning board or other
entity is empowered to approve subdivisions, a
statement whether the parcel conveyed by such
deed is (a) not subject to such subdivision
approval or (b) such subdivision has been
approved by the respective city, town or village
planning board or other entity empowered to
approve subdivisions.
iii. Such transfer report form shall not constitute part of
nor be retained with the record of conveyance. For the
purposes of this subdivision, the term "tax billing
address" means the address designated by the owner to
which tax bills shall be sent, and the term "full sales
price" means the price actually paid or required to be
paid for the real property or interest therein, whether
paid or required to be paid by money, property, or any
other thing of value, including the cancellation or
discharge of an indebtedness or obligation, and the
amount of any lien or encumbrance on the real property
or interest therein which existed before the delivery
of the deed and which remains thereon after the
delivery of the deed, but excluding the fair market
value of any personal property received by the buyer.
iv. The provisions of this subdivision shall not operate to
invalidate any conveyance of real property where one or
more of the items designated as subparagraphs one
through eight of paragraph ii of this subdivision, have
not been reported or which has been erroneously
reported, nor affect the record contrary to the
provisions of this subdivision, nor impair any title
founded on such conveyance or record. Such form shall
be certified as to the accuracy of the contents by the
transferor or transferors and the transferee or
transferees. Provided, however, if the conveyance of
real property occurs as a result of a taking by eminent
domain, tax foreclosure, or other involuntary
proceeding such form may be certified only by either
the condemnor, tax district, or other party to whom the
property has been conveyed, or by that party's
attorney. The provisions of this subdivision shall not
apply to a county wholly within the boundaries of a
city. Any deed executed and delivered prior to July
first, nineteen hundred ninety-four may nevertheless be
recorded in the office of the county clerk providing
there is submitted therewith, and in place of such
form, a separate statement signed by the transferor or
transferors and the transferee or transferees or any
person having sufficient knowledge to sign such form
which contains the same information required by the
state board of equalization and assessment as set forth
in subparagraphs one through four of paragraph ii of
this subdivision.
1-f. A recording officer shall not record or accept for record
any conveyance of real property in New York state unless the
requirements of paragraph (f) of subdivision one of section
fourteen hundred forty-seven of the tax law, relating to the
tax on gains derived from certain real property transfers,
are satisfied.
1-g. Each conveyance of real property affecting land in Suffolk
county presented to the recording officer of such county for
recording shall, in addition to complying with the
requirements of subdivision one-e of this section, contain
in the body thereof or have endorsed thereon the map
designation or designations of the property maps of the real
property tax service agency of such county. The recording
officer of such county shall not record or accept for
record, any conveyance of real property affecting land in
such county unless said instrument of conveyance is
accompanied by a three dollar certification fee for each
parcel of real property conveyed, to defray the cost of
verifying the tax map designation prior to recording. This
certification fee shall be payable to the Suffolk county
clerk and shall be in addition to any other applicable
recording fees or charges. The provisions of this
subdivision shall not operate to invalidate any conveyance
of such real property on which the appropriate map
designation or designations shall not have been stated or
which may have been erroneously stated nor affect the record
contrary to the provisions of this subdivision, nor impair
any title founded on such conveyance or record.
2. A recording officer shall not record or accept for record
any conveyance of real property, unless said conveyance in
its entirety and the certificate of acknowledgment or proof
and the authentication thereof, other than proper names
therein which may be in another language provided they are
written in English letters or characters, shall be in the
English language, or unless such conveyance, certificate of
acknowledgment or proof, and the authentication thereof be
accompanied by and have attached thereto a translation in
the English language duly executed and acknowledged by the
person or persons making such conveyance and proved and
authenticated, if need be, in the manner required of
conveyances for recording in this state, or, unless such
conveyance, certificate of acknowledgment or proof, and the
authentication thereof be accompanied by and have attached
thereto a translation in the English language made by a
person duly designated for such purpose by the county judge
of the county where it is desired to record such conveyance
or a justice of the supreme court and be duly signed,
acknowledged and certified under oath or upon affirmation by
such person before such judge, to be a true and accurate
translation and contain a certification of the designation
of such person by such judge.
3. The recording officer of every county shall impose a fee of
twenty-five dollars for every sales reporting form submitted
for recording as required under subdivision one-e of this
section. In the city of New York, the recording officer
shall impose a fee of twenty-five dollars for each real
property transfer tax form filed in accordance with chapter
twenty-one of title eleven of the administrative code of the
city of New York. The recording officer shall return eighty-
eight percent of the revenue collected to the state office
of real property services every month. All revenue collected
and returned to the state office of real property services
shall be deposited in the improvement of real property tax
administration account established pursuant to section
ninety-seven-ll of the state finance law. The remainder of
the revenue collected shall be retained by the county or by
the city of New York.
Sec. 333-b. Recording of maps or plot plans.
1. Notwithstanding any other provisions of this article, a map
or plot plan showing property boundaries and data not
relating to subdivisions and the filing thereof may be
recorded in the same manner as a deed, if the map or plot
plan is attached to the conveying instrument. A map or plot
plan recorded pursuant to this section shall clearly
delineate and locate by dimensions the parcel or interest
conveyed in such manner that such parcel or interest can be
located on the premises affected. Such map or plot plan may
appear on one or more pages as needed, shall be drawn on
legal size paper and shall have lettering thereon no smaller
than elite type, and all lines shall be legible and of
sufficient size for easy reading after photocopying or
microfilming. The recording officer may reject or refuse to
record any map or plot plan that is unclear, crowded and not
suitable for photocopying.
2. If the property is situated in a county maintaining a tax
map department, it shall be the duty of the person,
corporation or agent who offers such map or plot plan for
recording to deliver to and leave with the recording officer
a duplicate copy of the map or plot plan. Such duplicate
copy shall be transmitted to the tax map department on or
before the fifteenth day of each month by the recording
officer or by such other officer or agency as may be
designated by the county legislative body.
Sec. 333-c. Lands in agricultural districts; disclosure.
Prior to the sale, purchase, or exchange of real property located
partially or wholly within an agricultural district established
pursuant to the provisions of article twenty-five-AA of the
agriculture and markets law, the prospective grantor shall
deliver to the prospective grantee a notice which states the
following:
"It is the policy of this state and this community to conserve,
protect and encourage the development and improvement of
agricultural land for the production of food, and other products,
and also for its natural and ecological value. This notice is to
inform prospective residents that the property they are about to
acquire lies partially or wholly within an agricultural district
and that farming activities occur within the district. Such
farming activities may include, but not be limited to, activities
that cause noise, dust and odors."
Failure of the seller to provide such information to the buyer
shall not prevent the recording officer from filing such deed.
Sec. 334. Maps to be filed; penalty for nonfiling.
It shall be the duty of every person or corporation who, as owner
or agent, subdivides real property into lots, plots, blocks or
sites, with or without streets, for the purpose of offering such
lots, plots, blocks or sites for sale to the public, to cause a
map thereof, together with a certificate of the licensed land
surveyor filing said map attached showing the date of the
completion of the survey by said land surveyor and of the making
of the map by said land surveyor and the name of the subdivision
as stated by the owner, to be filed in the office of the county
clerk or, in any county having a register of deeds, in the office
of the register of deeds, of the county where the property is
situated prior to the offering of any such lots, plots, blocks or
sites for sale; and a duplicate copy of such map shall also be
filed in the office of the city, town or village clerk, where the
property is situated, and, if situated in a county maintaining a
tax map department, a copy shall also be filed with such
department, before any such sale. All such maps must be printed
upon linen or canvas-backed paper or drawn with a pen and India
ink upon tracing cloth or printed on mylar, and must be a minimum
of eight and one-half inches by eleven inches, and a maximum of
thirty-four inches by forty-four inches in size, except that in
the counties of Westchester, Putnam, Rockland and Clinton all
maps presented for filing must be printed or drawn with pen and
ink upon tracing cloth or printed on mylar; except that in the
counties of Saratoga, Otsego, Dutchess and Monroe, all maps
presented for filing in the office of the county clerk must be
printed or drawn with pen and India ink upon transparent tracing
cloth or printed on mylar or polyester film or be photographic
copies on transparent tracing cloth or printed on mylar or
polyester film and further, that such maps to be filed in the
counties of Saratoga and Otsego shall be not less than eight and
one-half inches by fourteen inches nor more than thirty inches by
forty-two inches in size and in the county of Clinton must be
either twenty inches by twenty inches or twenty inches by forty
inches in size, and in the county of Putnam must be not less than
twenty inches by twenty inches and not more than thirty-six
inches by forty-eight inches in size, and in the counties of
Warren, Sullivan and Greene all maps presented for filing must be
printed or drawn with pen and India ink upon transparent tracing
cloth or polyester film or printed on mylar or be photographic
copies on transparent tracing cloth or polyester film or printed
on mylar and further, that such maps to be filed in Warren
county, must be not less than eight and one-half inches by eleven
inches nor more than twenty-two inches by thirty-four inches, in
the county of Sullivan must be not less than eight and one-half
inches by eleven inches nor more than twenty-four inches by
thirty-six inches and in the county of Greene must be not less
than twelve inches by eighteen inches nor more than twenty-four
inches by thirty-six inches and in the counties of Westchester
and Dutchess must be thirty-six inches by forty-eight inches or
less in size, and that such maps to be filed in the county of
Monroe shall be in any one of the following sizes only: seventeen
inches by twenty-two inches, twenty-two inches by thirty-four
inches or thirty-four inches by forty-four inches. Every such
subdivision map of property in the towns of Tonawanda, Evans,
West Seneca, Cheektowaga, Amherst, Lancaster, Grand Island,
Aurora, Concord, Collins, Alden, Newstead, Clarence, Elma,
Orchard Park and Hamburg, Erie county, located wholly or partly
outside an incorporated village, shall before the filing thereof
as herein provided, have attached thereto in writing, the
approval of the town board of such town, and every such map of
property located wholly or partly in an incorporated village in
such town, shall, if located wholly within the village have
attached the approval of the board of trustees of the village,
and if located partly within a village and partly within one of
such towns, have attached the approval of both the town board of
the town and the board of trustees of the village. Every such map
of subdivided land, whether intended as an original subdivision
or as an alteration of a prior subdivision, shall have endorsed
thereon or annexed thereto at the time such map is offered to be
filed a certificate of the county treasurer or of an abstract and
title company and a certificate of the tax collecting officer of
any county, city, town or village wherein such property or any
part thereof is situate, stating that all taxes levied and unpaid
and in addition, all taxes which are a lien prior to the time
such original or subsequent map is offered to be filed, whether
assessed against the entire tract of land or against any lot or
other part of such land, have been paid, and a certificate of the
county director of real property tax services that the fee
authorized by section five hundred three of the real property tax
law, if any, has been paid and the county clerk shall not file
any such map without such endorsements or certificates. All of
such maps shall be placed and kept, by some suitable method, in
consecutive order and shall be consecutively numbered in the
order of their filing and shall be indexed under the initial
letters of all substantives in the title of the subdivision. A
failure to file any such map as required by the provisions of
this section shall subject the owner of such subdivision, or of
the unsold lots therein, to a penalty to the people of the state
of twenty-five dollars for each and every lot therein sold and
conveyed by or for such owner prior to the due filing of such
map.
Sec. 334-a. Filing of subdivision maps in Nassau county;
penalty for non-filing.
1. It shall be the duty of every person or corporation,
excepting church cemetery corporations attached to a
religious parish within the county of Nassau, who, as owner
or agent of real property situated in the county of Nassau,
subdivides the same into lots, plots, blocks, sites, or
units with or without streets, for the purpose of offering
such lots, plots, blocks, sites, or units for sale to the
public, regardless of whether they are offered or conveyed
by lot, plot or block designations, units (including shares
in a cooperative corporation), or by metes and bounds, prior
to the offering of such lots, plots, blocks, sites or units
for sale, to file or cause to be filed in the office of the
clerk of Nassau county a map or maps of such real property,
subject to the following exceptions:
(a) where real property is subdivided into not more than
four lots, plots, blocks, sites or units that conform
to the applicable planning and zoning regulations or
ordinances of the city, town or village, as the case
may be, and such subdivision does not involve the
laying out of a street or the extension of a previously
laid out street, the owner or agent may make written
application to the planning commission or planning
authorities having jurisdiction for a waiver of the
filing requirements hereunder upon forms supplied by
the appropriate planning commission. Such a waiver may
be granted by such planning commission or planning
authorities after determining that such subdivision
plat is in compliance with this section and with the
zoning and planning regulations of the city, town or
village, as the case may be, in which the property is
located. The request for a waiver shall be acted upon
without a public hearing within fifteen days after the
filing of the application unless such period shall have
been extended by consent of the applicant. Where real
property is capable of being subdivided into more than
four lots, plots, blocks, sites or units that conform
to the applicable planning and zoning regulations or
ordinances of the city, town or village, as the case
may be, and such subdivision does not involve the
laying out of a street or the extension of a previously
laid out street, the planning commission or planning
authorities having jurisdiction may, in the sole
discretion of such planning commission or planning
authorities deny such waiver application and require
the filing in the office of the clerk of Nassau county
a map or maps of such real property, subject to
appropriate conditions as in the judgment of such
planning commission or planning authorities as are
requisite in the interest of the public health, safety
and general welfare; or
(b) where a subdivision map has been filed prior to January
twelfth, nineteen hundred forty-five, and alterations
made thereon do not involve any change, or extensions
of previously laid out streets and where the only
alterations are changes in lot boundaries which are
made solely for the purpose of adhering to applicable
zoning regulations, it shall not be necessary to file
such altered map or obtain a waiver therefor; or
(c) where there is a conversion of an existing structure
into units, which structure: (1) was in existence and
legally occupied prior to August fifth, nineteen
hundred eighty-seven; and (2) where title to said units
is to be held in a condominium, cooperative or mixed
form of ownership; and (3) the use thereof is in
compliance with the zoning and planning regulations of
the city, town or village, as the case may be, in which
the structure is located.
As used in this section, the term "units" shall include
space used or to be used for either residential, commercial,
mixed or other use whether title is held in fee simple, a
condominium, cooperative, or mixed form of ownership. It
shall be unlawful, after a map or maps of such property has
been filed, to subdivide said property in a manner other
than as shown on said map unless said map has been amended
and approved in accordance with the provisions of
subdivision six of this Section.
2. Such map or maps must be thirty-six inches by forty-eight
inches or less in size, drawn with pen and ink upon tracing
cloth or printed on mylar upon a scale of not more than one
hundred feet to the inch and oriented with the north point
at the top of the map. At no time shall the north point vary
more than twenty degrees east or west of the perpendicular
border.
3. In case the lands sought to be shown upon the map are too
extensive to be shown upon a map thirty-six inches by forty-
eight inches in size, then a key map thirty-six inches by
forty-eight inches in size, drawn upon a reduced scale, but
without detail, showing the entire quantity of land,
subdivided into units embracing the entire map, shall be
made and filed, and each subdivision or unit shall be shown
upon a separate map.
4. Said map shall set forth the courses, measurements and
adjoining property owners with sufficient definiteness to
determine the location of said property, and upon each map
shall appear the name of the record owner and the name of
the subdivision as stated by the owner and said name shall
be approved by the county clerk as a name not so similar to
the name appearing upon any filed subdivision map as to
deceive or mislead the public as to the identity of such
subdivision.
5. Upon each and every of said maps shall appear the name or
names of the town or towns, city or cities, incorporated
village or incorporated villages in which said lands are
located wholly or in part, and endorsed thereon shall be a
certificate of the licensed land surveyor who made or caused
the said map to be made, certifying that the map or maps
were made from an actual survey of the property that was
performed by or under the direction of said licensed land
surveyor and the date of the completion of the survey. Said
certificate shall state that stone or concrete monuments
have been set at not less than two corners of every street
intersection as indicated on such map or maps and that the
lands shown thereon have been monumented in a manner to
indicate the distance from the nearest established street,
avenue, road or highway, provided, however, that where the
planning board or other governmental agency having
jurisdiction over the approval of said maps has required the
subdivider to deposit with the town or local governing body
a performance bond or bonds to secure the installation and
completion of all site improvements, including setting stone
or concrete monuments in the streets as aforesaid, and
simultaneously with the filing of said map the subdivider
files with the county clerk a written certification from the
town or local governing body that such bond or bonds have
been duly deposited and accepted by the town or local
governing body and that said bond or bonds expressly include
the setting of stone or concrete monuments as aforesaid, the
said surveyor's certificate may state that stone or concrete
monuments will be set at not less than two corners of every
street intersection as indicated on such map upon completion
of the installation of said streets and that the surveyor
shall execute and deliver a further written certification of
the completion of such monumentation to both the county
clerk and the town or local governing body prior to and as a
condition for the release of said performance bond or bonds.
6. Before such filing each and every of said maps shall be
approved by the planning commission or planning commissions
having jurisdiction in the area embraced within said maps in
accordance with the regulations of such planning commission
or planning commissions and the approval of such planning
commission or planning commissions shall be endorsed
thereon.
6-a. Before such filing each and every of said maps shall have
endorsed thereon the consent to such filing of the
mortgagees of such real property.
7. The planning commission or planning authorities having
jurisdiction shall not approve any such map until the
commissioner of public works of Nassau county has endorsed
thereon a statement that he has approved plans for grades of
the streets, avenues, roads or highways shown on such map,
and the drainage thereof. The commissioner of public works
may require that separate and distinct plans for the grading
and drainage be prepared. Such plans shall show sufficient
data to enable the commissioner of public works to determine
the adequacy thereof. He may require any changes in grades
or plans which he deems necessary to make such grades or
plans conform with any general or comprehensive plan adopted
for the county, or to serve the best interests of the county
as a whole. Upon his approval of plans for the grades and
drainage for the streets, avenues, roads or highways shown
on said map he shall endorse such approval on the plans
submitted to him, or as they shall have been revised, and
shall file same in his office, and shall file a print
thereof in the office of each planning authority having
jurisdiction. He shall further endorse on the map submitted
to the planning authority for approval a statement that he
has approved grades and drainage for the streets, avenues,
roads or highways shown thereon, in accordance with detailed
plans on file in his office.
8. At the time of filing such map with the county clerk an
abstract of title and tax search of all of the property
shown on said map together with a certificate of title,
certifying to the county of Nassau the name or names of the
owner or owners of said property together with all liens
thereon, shall be delivered to the county clerk and filed in
his office. Such abstract and search shall cover a period of
not less than the twenty years immediately preceding the
date of the certificate and such certificate shall be made
by a title company duly incorporated and authorized to
transact business in the state of New York or a person duly
authorized to certify titles under the laws of the state of
New York. In the event the title to said property has been
duly registered pursuant to the provisions of the real
property law for the registration of titles to real
property, that fact shall be set forth upon the original map
together with the number of the certificate of the title so
registered and an index of such abstracts and registrations
made to clearly indicate the maps to which they refer and
the abstract of title and certificate of title above
referred to shall not be required. In the case of a tax
title, the fee title for a period of at least twenty years
prior to the date of the tax sale under which tax title is
claimed must be submitted as a part of the abstract.
9. Every such map, whether intended as an original subdivision
or as an alteration of a prior subdivision in such county,
shall have endorsed thereon at the time such map is offered
to be filed the certificates of the county treasurer and the
receiver of taxes of each town and city and the tax
collecting officer of each incorporated village within which
any part of the tract of land shown on said map or maps is
located, or of a title company authorized to transact
business in the state of New York stating that all taxes and
assessments which are liens prior to the time such original
or subsequent map is offered to be filed, whether assessed
against the entire tract of land or against any lot or other
part of said land, shown on the tax search required to be
filed with the county clerk, have been paid.
10. At the time of the filing of such map there shall also be
furnished to the county clerk a copy of such map, prepared
upon tracing cloth by such process as he shall prescribe,
which shall be duly certified by him to be a true copy of
the original and which shall be forwarded by him to the
board of assessors of the county.
11. The clerk of the county of Nassau upon receiving such maps
shall file them by some suitable method in consecutive order
and they shall be consecutively numbered in the order of
filing and indexed under the initial letters of all
substantives in the titles.
12. The fee of the county clerk for receiving and filing each of
said separate maps or sheets and indexing the same shall be
five dollars, and an additional fee for every block created,
which fee shall be the same as the additional fee provided
for block indexing by the Nassau county administrative code.
13. Failure to file said map or maps as required by the
provisions of this section, shall subject the owner of such
lands shown upon such maps, or of unsold lots, plots or
units thereon, to a penalty to the people of the state of
New York of five hundred dollars for each and every lot,
plot or unit thereon subdivided, sold or conveyed by or for
such owner prior to the due filing of such map or maps.
14. Whenever at least two years have elapsed since the filing of
a map of the subdivision of any tract of land into lots,
plots, blocks or sites, with or without opened or proposed
roads, the owner of such tract, or of any part thereof
having an area equivalent to that of any two or more
contiguous lots or an area of not less than one-half acre,
may abandon and cancel the subdivision of the property so
owned by recording in the office of the county clerk a
written certificate of abandonment, duly executed and
acknowledged, which shall contain a description of the
property to be abandoned, the complete title or name of the
map, the filing date and file number thereof, except that no
opened or proposed streets, other than those entirely within
the bounds of the property to be abandoned, or the area
within such bounds of streets which as laid out on said map
come to a dead-end within such bounds, shall be abandoned
unless each owner of a lot or interest in the subdivision
consents to the abandonment thereof by instrument in writing
duly executed, acknowledged and recorded with the
certificate of abandonment; provided, however, that whenever
at least twenty years have elapsed since the filing of said
map, the owner of the property to be abandoned may, without
such consent, abandon any streets or portions thereof shown
on said map and which are within the bounds of the property
to be abandoned if such streets or portions thereof are
neither opened, nor public highways, nor used by the public,
nor necessary for the use of owners, occupants or any other
persons having an interest in any part of the subdivision;
but nothing herein shall prevent an owner using or a seller
of land from conveying part of a lot, plot or site
separately or together with an adjoining lot, plot or site,
subject to the provisions of local zoning ordinances.
Whenever there is on file more than one map of the property
to be abandoned, such property must be abandoned in the
manner herein provided as to each of such maps. A copy of
each certificate of abandonment must be filed with the
assessor and/or board of assessors of each town and village
wherein any portion of the property to be abandoned is
situated, and the endorsement of approval by each such
assessor and/or board of assessors must be endorsed on the
original of each certificate presented to the county clerk
for recording. An abstract of title to the property to be
abandoned covering a period of at least twenty years last
past, and a certificate of the county treasurer of Nassau
county to the effect that there are no unpaid tax liens
against such property, must be submitted to the county clerk
and be approved by him at the time the certificate of
abandonment and cancellation is offered for recording. Said
certificates and abstracts shall be filed in the county
clerk's office, a suitable index shall be kept of the same,
and notice thereof shall be endorsed by the recording
officer upon the map therein referred to at the time of
recording the certificate of abandonment. Where the
endorsement of approval of the town or village assessor
above referred to includes a recitation to the effect that
the municipality has duly adopted an urban renewal plan
pursuant to article fifteen of the general municipal law
which plan provides for adequate street access to all
properties within and adjacent to the planning area, and
further that the property to be abandoned is subject to said
plan, and its abandonment is required thereunder, the clerk
shall accept and record the certificate of abandonment
tendered therefor regardless of the area thereof, and
notwithstanding that the property to be abandoned is a
portion of an opened or proposed street for which the
consent to the abandonment thereof required in this
subdivision has not been obtained. Upon the abandonment of
subdivided property as herein provided such property shall,
for all purposes, be regarded as a single tract of land. No
abandonment of lot divisions shall be made under this
section for the purpose of reviving or making effective any
other subdivision of the same tract of land and no map may
be reinstated as it was prior to the filing of any
abandonment certificate. The fee of the county clerk for
such filing and indexing each certificate and abstract
therewith shall be ten dollars and shall be paid by the
party presenting them for filing. Provided, however, that
the Nassau county board of supervisors shall have full
authority to abandon any subdivision of property or any
portion thereof which the county of Nassau now owns or may
hereafter acquire through the sale of tax liens, by causing
to be filed with the county clerk of Nassau county, a
certificate of abandonment, duly executed by the said county
board, without regard to any of the other foregoing
requirements of this section. Nothing contained in this
Section shall be construed to prevent the filing of a new
map and certificate of a subdivision of real property in the
manner prescribed herein, after, and in the area of, a
subdivision or portion thereof abandoned in accordance with
the provisions of this section.
Sec. 335. Filing of maps and abandonment of subdivisions in
Suffolk county; penalty for nonfiling.
1. It shall be the duty of every person or corporation,
excepting church cemetery organizations, attached to a
religious parish within the county of Suffolk, who as owner
or agent subdivides real property in Suffolk county into
lots, plots, blocks or sites, with or without streets, for
the purpose of offering such lots, plots, blocks or sites
for sale to the public, regardless of how they are conveyed,
to file or cause to be filed in the office of the county
clerk of Suffolk county a map thereof together with a
certificate of the surveyor endorsed on the face of such map
certifying same to have been made from an actual survey of
the property that was performed by or under the direction of
said surveyor and the date of the completion of the survey.
Said certificate shall state that stone or concrete
monuments have been set at not less than two corners of
every street intersection as indicated on such map,
provided, however, that where the planning board or other
governmental agency having jurisdiction over the approval of
said maps has required the subdivider to deposit with the
town or local governing body a performance bond or bonds to
secure the installation and completion of all site
improvements, including setting stone or concrete monuments
in the streets as aforesaid, and simultaneously with the
filing of said map the subdivider files with the county
clerk a written certification from the town or local
governing body that such bond or bonds have been duly
deposited and accepted by the town or local governing body
and that said bond or bonds expressly include the setting of
stone or concrete monuments as aforesaid, the said
surveyor's certificate may state that stone or concrete
monuments will be set at not less than two corners of every
street intersection as indicated on such map upon completion
of the installation of said streets and that the surveyor
shall execute and deliver a further written certification of
the completion of such monumentation to both the county
clerk and the town or local governing body prior to and as a
condition for the release of said performance bond or bonds.
All lots and blocks on such map shall be numbered
consecutively. Said map shall set forth the courses,
measurements and adjoining property owners with sufficient
definiteness to determine the location of said property and
the name of the subdivision as stated by the owner. Said
name must differ from any name already filed with the county
clerk and must be approved by the county clerk before the
acceptance of the map. At the time of the filing of such map
there shall also be furnished to the county clerk two copies
of such map for each town and village in which any portion
of the mapped property is located. Such copies shall be duly
certified by him to be true copies of the original and one
certified copy shall be forwarded by said county clerk to
the assessor or board of assessors, as the case may be, of
each town or village in which any portion of said property
is located. At the time of filing such map with the county
clerk an abstract of title of all of the property shown on
said map which shall cover a period of not less than the
twenty years last past the date it is submitted, certified
by an attorney and counselor at law of the state of New
York, a title company duly incorporated and authorized to
transact business in the state of New York or a competent
searcher of titles, shall be presented to said county clerk,
and be filed in his office, unless the title to said
property has been duly registered pursuant to the provisions
of the real property law for the registration of titles to
real property, in which case this fact shall be set forth
upon the original map together with the number of the
certificate of the title so registered. An index of such
abstracts and registrations shall be maintained to clearly
indicate the maps to which they refer. In the case of a tax
title, the fee title for a period of at least twenty years
prior to the date of the tax sale under which title is
claimed must be submitted as a part of the abstract. A key
map, made to the scale of six hundred feet to one inch, must
appear on all maps submitted and must show one or more
monuments in the tract definitely tied to a given point or a
monument set at the point of the intersection of the side
lines (as prolonged, if there is a curve) of two established
highways; said point or monument shall be that which is
nearest the proposed subdivision and shall not require a
measurement to be made across any portion of an established
highway. No re-mapping of subdivided property will be
accepted for filing until there has been filed with the
county clerk a certificate of abandonment and cancellation
of the original map or the portion thereof to be abandoned
and cancelled in accordance with the provisions of this act.
Before a map will be eligible for filing, a certificate of
the county treasurer of Suffolk county or the report of a
tax search by a licensed title company must be submitted by
the party presenting the map for filing as a part of the
abstract of title showing the payment in full of all taxes
due and payable at the date of filing. Such maps and
abstracts of title shall be filed as aforesaid and a copy of
said map filed in the office of the clerk of each town or
village where any portion of said property is located prior
to the offering for sale of any lot, plot, block or site
thereon. All such maps must be printed or drawn upon tracing
cloth or linen or printed on mylar and must be of a standard
size of eighteen inches by twenty inches or thirty-six
inches by twenty inches and the original of such maps filed
in said county clerk's office shall be placed and kept by
some suitable method in consecutive order, be consecutively
numbered in the order of filing and shall be indexed under
the initial letters of all of the substantives in the title
of the subdivision. However, he may maintain a record of
such maps in a microfilm format provided he supplies
facilities for displaying said maps through projection with
microfilm to the aforesaid standard sizes. The fee of the
county clerk for such filing, certifying and indexing each
map and copy thereof, and abstract of title therewith and
forwarding copies of said map to the assessors, boards of
assessors and clerks of the towns and villages where the
property therein described is located, shall be ten dollars
and be paid by the party presenting them for filing. Failure
to file any such map as required by the provisions of this
section shall subject the owner of such subdivision or of
the unsold lots therein, to a penalty to the people of the
state of New York of two hundred fifty dollars for each and
every lot therein sold and conveyed by or for such owner
prior to the due filing of such map and abstract of title as
aforesaid. The requirements as provided for in this section
may be applied to the filing of each and every kind of map
submitted for filing which is not a subdivision map of real
property, at the discretion of the county clerk, and the
filing fee of ten dollars shall be paid for the filing of
any non-subdivision map so submitted.
2. Every such subdivision map of property in any of the towns
of Suffolk county located wholly or partly outside an
incorporated village in such towns, shall, before the filing
thereof, as hereinbefore provided, have indorsed on the face
thereof in writing the approval of the planning board of
such towns, or in the towns not having planning boards, the
approval of the town board. Likewise, every such subdivision
map of property located wholly or partly within an
incorporated village, shall before the filing thereof, as
hereinbefore provided, have endorsed on the face thereof in
writing the approval of the planning board of such village,
or in a village not having a planning board, the approval of
the board of trustees. In addition, every such subdivision
map of property in any of the towns of the county of
Suffolk, whether located wholly or partly, inside or
outside, an incorporated village in such towns, shall before
the filing thereof, as hereinbefore provided, have endorsed
on the face thereof in writing the approval of the county
department of health.
3. Whenever at least two years have elapsed since the filing of
a map of the subdivision of any tract of land into lots,
plots, blocks or sites, with or without opened or proposed
roads, the owner of such tract, or of any part thereof
having an area equivalent to that of any two or more
contiguous lots or an area of not less than one-half acre,
may abandon and cancel the subdivision of the property so
owned by recording in the office of the county clerk a
written certificate of abandonment, duly executed and
acknowledged, which shall contain a description of the
property to be abandoned, the complete title or name of the
map, the filing date and file number thereof, except that no
opened or proposed streets, other than those entirely within
the bounds of the property to be abandoned, or the area
within such bounds of streets which as laid out on said map
come to a dead-end within such bounds, shall be abandoned
unless each owner of a lot or interest in the subdivision
consents to the abandonment thereof by instrument in writing
duly executed, acknowledged and recorded with the
certificate of abandonment; provided, however, that whenever
at least twenty years have elapsed since the filing of said
map, the owner of the property to be abandoned may, without
such consent, abandon any streets or portions thereof shown
on said map and which are within the bounds of the property
to be abandoned if such streets or portions thereof are
neither opened, nor public highways, nor used by the public,
nor necessary for the use of owners, occupants or any other
persons having an interest in any part of the subdivision;
but nothing herein shall prevent an owner using or a seller
of land from conveying part of a lot, plot or site
separately or together with an adjoining lot, plot or site,
subject to the provisions of local zoning ordinances.
Whenever there is on file more than one map of the property
to be abandoned, such property must be abandoned in the
manner herein provided as to each of such maps. A copy of
each certificate of abandonment must be filed with the
assessor and/or board of assessors of each town and village
wherein any portion of the property to be abandoned is
situated, and the endorsement of approval by each such
assessor and/or board of assessors must be endorsed on the
original of each certificate presented to the county clerk
for recording. An abstract of title to the property to be
abandoned covering a period of at least twenty years last
past, and a certificate of the county treasurer of Suffolk
county to the effect that there are no unpaid tax liens
against such property, must be submitted to the county clerk
and be approved by him at the time the certificate of
abandonment and cancellation is offered for recording. Said
certificates and abstracts shall be filed in the county
clerk's office, a suitable index shall be kept of the same,
and notice thereof shall be endorsed by the recording
officer upon the map therein referred to at the time of
recording the certificate of abandonment. Where the
endorsement of approval of the town or village assessor
above referred to includes a recitation to the effect that
the municipality has duly adopted an urban renewal plan
pursuant to article fifteen of the general municipal law
which plan provides for adequate street access to all
properties within and adjacent to the planning area, and
further that the property to be abandoned is subject to said
plan, and its abandonment is required thereunder, the clerk
shall accept and record the certificate of abandonment
tendered therefor regardless of the area thereof, and
notwithstanding that the property to be abandoned is a
portion of an opened or proposed street for which the
consent to the abandonment thereof required in this
subdivision has not been obtained. Upon the abandonment of
subdivided property as herein provided such property shall,
for all purposes, be regarded as a single tract of land. No
abandonment of lot divisions shall be made under this
section for the purpose of reviving or making effective any
other subdivision of the same tract of land and no map may
be reinstated as it was prior to the filing of any
abandonment certificate. The fee of the county clerk for
such filing and indexing each certificate and abstract
therewith shall be ten dollars and shall be paid by the
party presenting them for filing. Provided, however, that
the Suffolk county board of supervisors shall have full
authority to abandon any subdivision of property or any
portion thereof which the county of Suffolk now owns or may
hereafter acquire through the sale of tax liens, by causing
to be filed with the county clerk of Suffolk county, a
certificate of abandonment, duly executed by the said county
board, without regard to any of the other foregoing
requirements of this section. Nothing contained in this
section shall be construed to prevent the filing of a new
map and certificate of a subdivision of real property in the
manner prescribed herein, after, and in the area of, a
subdivision or portion thereof abandoned in accordance with
the provisions of this section.
Sec. 335-a. Easements of necessity.
The owner of any lot, plot, block, site or other parcel of real
estate being a subdivision or part of a subdivision of any larger
parcel or parcels of real property shown upon a map of said
parcel or parcels of real property and of its subdivision or
subdivisions, filed in the office of the county clerk or of the
register of deeds of the county where the property is situated,
prior to the sale or conveyance of such lot, plot, block, site or
other parcel, or subdivision thereof by the seller thereof, upon
which map any road or street is indicated or shown as giving
access to or egress from any public road or street to such lot,
plot, block, site or other parcel of real estate thereon
indicated or to any part thereof, sold or granted after such
filing, and the owner of any lot, plot, block, site or other
parcel of real estate, the conveyance whereof shall specifically
give the right of access to or egress from the same by any
private road or street over lands belonging to the maker of such
conveyance and which road or street is described in such
conveyance, may, when necessary to the enjoyment of the lot,
plot, block or site or other parcel of real estate so sold or
conveyed and when the same is not bounded by a public road, lay,
beneath the roads or streets indicated and shown upon such map or
described in such conveyance as giving access to or egress from
any public road to such property so sold or conveyed as
aforesaid, wires and conduits for the purpose of supplying the
said property with electric light and telephone service. Such
wires or conduits shall be laid only on condition that the
private roads or streets on which the owner has the right of
access to or egress from such property shall be restored as
nearly as possible to their original condition and that the
person or persons entitled to the fee of such private roads or
streets or having an easement over the same shall be compensated
for actual damage occasioned by the laying of such wires or
conduits.
Nothing herein contained shall be deemed to affect in any manner
lands acquired by the city of New York for the purpose of
construction or development of its water supply system.
Sec. 335-b. Recording of solar energy easements.
1. Any easement obtained for the purpose of exposure of a solar
energy device shall be created in writing and shall be
subject to the same conveyancing and instrument recording
requirements as other easements.
2. Any instrument creating a solar energy easement shall
include, but the contents shall not be limited to:
(a) The vertical and horizontal angles, expressed in
degrees, at which the solar energy easement extends
over the real property subject to the solar energy
easement.
(b) Any terms or conditions or both under which the solar
energy easement is granted or will be terminated.
(c) Any provisions for compensation of the owner of the
property benefiting from the solar energy easement in
the event of interference with the enjoyment of the
solar energy easement or compensation of the owner of
the property subject to the solar energy easement for
maintaining the solar energy easement.
Sec. 336. Effect of recording demands or requirements of
alien property custodian.
The recording in any county clerk's or register's office of a
demand or requirement against real property described therein,
made by or on behalf of the alien property custodian under and
pursuant to the trading with the enemy act adopted by the United
States congress and approved October sixth, nineteen hundred and
seventeen, or any act amendatory thereof or supplemental thereto,
or any executive order or proclamation issued in pursuance
thereof, when duly indexed against the name of the person or
corporation whose property has thereby been demanded or required,
shall have the same force and effect as the making of, delivery
and recording of a deed of such real property or interest therein
by such person or corporation to said alien property custodian.
All recitals contained in any such demand or requirement, and in
any deed made by such custodian heretofore or hereafter recorded
of all facts required or permitted by said acts, proclamations or
executive orders to be found or determined by said alien property
custodian, and all recitals of conclusions or determinations by
said acts, proclamations or executive orders authorized to be
made by him, and all recitals of acts or things done by said
custodian or his agents in respect to the seizure of said
property shall be evidence of the facts, conclusions,
determinations, acts and things so recited in any court of this
state in any action or proceeding affecting the title to or
ownership of such real property. Three months after this section
takes effect and the recording of the instrument containing such
recitals, the same shall become conclusive evidence of all such
facts, conclusions, determinations, acts and things as are so
recited therein in any action in any court affecting the title to
or ownership of said land, unless said action shall have been
commenced before the expiration of such three months.
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