0 chapters · 463 sections in this title.
N.Y. Real Property Law § 297 Certified copies may be recorded
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§ 297. Certified copies may be recorded. A copy of a record, or of\nany recorded instrument, certified or authenticated so as to be entitled\nto be read in evidence, may be again recorded in any office where the\noriginal would be entitled to be recorded. Such record has the sam…
N.Y. Real Property Law § 297-A Recording of certified copies of bankruptcy papers; constructive notice
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§ 297-a. Recording of certified copies of bankruptcy papers;\nconstructive notice. 1. A copy of a petition in bankruptcy with the\nschedules omitted, of a decree of adjudication of bankruptcy and of an\norder approving the bond of a trustee in bankruptcy, or any of them, in\neac…
N.Y. Real Property Law § 297-B Recording of certified copies of judgments affecting real property
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§ 297-b. Recording of certified copies of judgments affecting real\nproperty. When a judgment, final order or decree is rendered by a New\nYork state court of record or a United States district court affecting\nthe title to or possession, use or enjoyment of real property, a cop…
N.Y. Real Property Law § 298 Acknowledgments and proofs within the state
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§ 298. Acknowledgments and proofs within the state. The acknowledgment\nor proof, within this state, of a conveyance of real property situate in\nthis state may be made: 1. At any place within the state, before (a) a\njustice of the supreme court; (b) an official examiner of tit…
N.Y. Real Property Law § 299 Acknowledgments and proofs without the state, but within the United States or any territory, possession, or dependency thereof
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§ 299. Acknowledgments and proofs without the state, but within the\nUnited States or any territory, possession, or dependency thereof. 1.\nThe acknowledgment or proof of a conveyance of real property situate in\nthis state, if made without the state but within the United States…
N.Y. Real Property Law § 299-A Acknowledgment to conform to law of New York or of place where taken; certificate of conformity
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§ 299-a. Acknowledgment to conform to law of New York or of place\nwhere taken; certificate of conformity. 1. An acknowledgment or proof\nmade pursuant to the provisions of section two hundred ninety-nine of\nthis article may be taken in the manner prescribed either by the laws …
N.Y. Real Property Law § 300 Acknowledgments and proofs by persons in or with the armed forces of the United States
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§ 300. Acknowledgments and proofs by persons in or with the armed\nforces of the United States. The acknowledgment or proof of a conveyance\nof real property situate in this state, if made by a person enlisted or\ncommissioned in or serving in or with the armed forces of the Uni…
N.Y. Real Property Law § 301 Acknowledgments and proofs in foreign countries
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§ 301. Acknowledgments and proofs in foreign countries. The\nacknowledgment or proof of a conveyance of real property situate in this\nstate may be made in foreign countries before any of the following\nofficers acting within his territorial jurisdiction or within that of\nthe c…
N.Y. Real Property Law § 301-A Acknowledgment to conform to law of New York or of foreign country; certificate of conformity
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§ 301-a. Acknowledgment to conform to law of New York or of foreign\ncountry; certificate of conformity. 1. An acknowledgment or proof made\npursuant to the provisions of section three hundred one of this chapter\nmay be taken in the manner prescribed either by the laws of the s…
N.Y. Real Property Law § 302 Acknowledgments and proofs by married women
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§ 302. Acknowledgments and proofs by married women. The acknowledgment\nor proof of a conveyance of real property, within the state, or of any\nother written instrument, may be made by a married woman the same as if\nunmarried.\n
N.Y. Real Property Law § 303 Requisites of acknowledgments
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§ 303. Requisites of acknowledgments. An acknowledgment must not be\ntaken by any officer unless he knows or has satisfactory evidence, that\nthe person making it is the person described in and who executed such\ninstrument.\n
N.Y. Real Property Law § 304 Proof by subscribing witness
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§ 304. Proof by subscribing witness. When the execution of a\nconveyance is proved by a subscribing witness, such witness must state\nhis own place of residence, and if his place of residence is in a city,\nthe street and street number, if any thereof, and that he knew the\npers…
N.Y. Real Property Law § 305 Compelling witnesses to testify
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§ 305. Compelling witnesses to testify. On the application of a\ngrantee in a conveyance, his heir or personal representative, or a\nperson claiming under either of them, verified by the oath of the\napplicant, stating that a witness to the conveyance, residing in the\ncounty wh…
N.Y. Real Property Law § 306 Certificate of acknowledgment or proof
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§ 306. Certificate of acknowledgment or proof. A person taking the\nacknowledgement or proof of a conveyance must indorse thereupon or\nattach thereto, a certificate, signed by himself, stating all the\nmatters required to be done, known, or proved on the taking of such\nacknowl…
N.Y. Real Property Law § 307 When certificate to state time and place
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§ 307. When certificate to state time and place. When the\nacknowledgment or proof is taken by a commissioner of deeds appointed\npursuant to the laws of this state to take acknowledgments or proofs\nwithout this state, whether within or without the United States, the\ncertifica…
N.Y. Real Property Law § 308 When certificate must be under seal
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§ 308. When certificate must be under seal. 1. When a certificate of\nacknowledgment or proof is made without this state, whether within or\nwithout the United States, (a) if made by a judge or other presiding\nofficer of a court having a seal, or by the clerk or other certifyin…
N.Y. Real Property Law § 309 Acknowledgment by corporation and form of certificate
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§ 309. Acknowledgment by corporation and form of certificate. 1. The\nacknowledgment of a conveyance or other instrument by a corporation,\nmust be made by an officer or attorney in fact duly appointed, or in\ncase of a dissolved corporation, by an officer, director or attorney …
N.Y. Real Property Law § 309-A Uniform forms of certificates of acknowledgment or proof within this state
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§ 309-a. Uniform forms of certificates of acknowledgment or proof\nwithin this state. 1. The certificate of an acknowledgment, within this\nstate, of a conveyance or other instrument in respect to real property\nsituate in this state, by a person, must conform substantially with…
N.Y. Real Property Law § 309-B Uniform forms of certificates of acknowledgement or proof without this state
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§ 309-b. Uniform forms of certificates of acknowledgement or proof\nwithout this state. 1. The certificate of an acknowledgement, without\nthis state, of a conveyance or other instrument with respect to real\nproperty situate in this state, by a person, may conform substantially…
N.Y. Real Property Law § 310 Authentication of acknowledgments and proofs made within the state
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§ 310. Authentication of acknowledgments and proofs made within the\nstate. 1. When a certificate of acknowledgment or proof is made, within\nthis state, by a commissioner of deeds, a justice of the peace, town\ncouncil member, village police justice, or a judge of any court of\…
N.Y. Real Property Law § 311 Authentication of acknowledgments and proofs made without the state
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§ 311. Authentication of acknowledgments and proofs made without the\nstate. 1. When a certificate of acknowledgment or proof is made, either\nwithin or without the United States, by a commissioner of deeds\nappointed pursuant to the laws of this state to take acknowledgments or…
N.Y. Real Property Law § 312 Contents of certificate of authentication
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§ 312. Contents of certificate of authentication. 1. An officer\nauthenticating a certificate of acknowledgment or proof must subjoin or\nattach to the original certificate a certificate under his hand.\n 2. When the certificate of acknowledgment or proof is made by a notary\npu…
N.Y. Real Property Law § 313 Notary public
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§ 313. Notary public. The term "notary public, " as used in sections\ntwo hundred ninety-nine, three hundred one, three hundred eight, and\nthree hundred eleven, of this chapter, includes any person appointed to\nperform notarial functions.\n
N.Y. Real Property Law § 313-A Deputies
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§ 313-a. Deputies. When any officer, designated by the provisions of\nthis article to take acknowledgments or proofs of conveyances of real\nestate to be read in evidence or recorded in this state, or to\nauthenticate certificates of such acknowledgment or proof, is authorized\n…
N.Y. Real Property Law § 314 Recording of conveyances acknowledged or proved without the state, when parties and certifying officer are dead
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§ 314. Recording of conveyances acknowledged or proved without the\nstate, when parties and certifying officer are dead. When the execution\nof a conveyance of real property within this state is acknowledged or\nproved according to the laws of any other state of the United State…
N.Y. Real Property Law § 314-A Proof when witnesses are dead
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§ 314-a. Proof when witnesses are dead. When the witnesses to a\nconveyance, authorized to be recorded, are dead, its execution may be\nproved before any officer authorized to take within the state the\nacknowledgment and proof of conveyances, other than a commissioner of\ndeeds…
N.Y. Real Property Law § 315 Recording books
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§ 315. Recording books. Different sets of books must be provided by\nthe recording officer of each county, for the recording of deeds and\nmortgages; in one of which sets he must record all conveyances and other\ninstruments absolute in their terms, which are not intended as mor…
N.Y. Real Property Law § 316 Indexes
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§ 316. Indexes. Each recording officer must provide, at the expense of\nhis county, proper books for making general indexes of instruments\nrecorded in his office, and must form indexes therein, so as to afford\ncorrect and easy reference to the records in his office. There must…
N.Y. Real Property Law § 316-A Indexing and reindexing conveyances, mortgages and other instruments
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§ 316-a. Indexing and reindexing conveyances, mortgages and other\ninstruments. 1. Every instrument affecting real estate or chattels real,\nsituated in the county of Suffolk, which shall be, or which shall have\nbeen recorded in the office of the clerk of said county on and aft…
N.Y. Real Property Law § 316-B Inactive hazardous waste disposal site registry index
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§ 316-b. Inactive hazardous waste disposal site registry index. 1. On\nand after July first, nineteen hundred ninety-three, each recording\nofficer must provide, at the expense of his county, proper books for\nmaking an index of present owners of inactive hazardous waste disposa…
N.Y. Real Property Law § 317 Order of recording
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§ 317. Order of recording. Every instrument, entitled to be recorded,\nmust be recorded by the recording officer in the order and as of the\ntime of its delivery to him or her therefor, during business hours\nmaintained by the recording officer, and is considered recorded from t…
N.Y. Real Property Law § 318 Certificate to be recorded
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§ 318. Certificate to be recorded. The certificate of the\nacknowledgment or proof of the execution of an instrument, and the\ncertificate authenticating the signature or seal of the officer so\ncertifying, or both, if required, must be recorded together with the\ninstrument so …
N.Y. Real Property Law § 319 Time of recording
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§ 319. Time of recording. The recording officer must make an entry in\nthe record, immediately after the copy of every instrument recorded by\nhim, stating the hour, day, month and year, when it was recorded, and\nmust endorse upon every such instrument a certificate, stating th…
N.Y. Real Property Law § 320 Certain deeds deemed mortgages
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§ 320. Certain deeds deemed mortgages. A deed conveying real property,\nwhich, by any other written instrument, appears to be intended only as a\nsecurity in the nature of a mortgage, although an absolute conveyance in\nterms, must be considered a mortgage; and the person for wh…
N.Y. Real Property Law § 321 Recording discharge of mortgage
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§ 321. Recording discharge of mortgage. 1. The recording officer shall\nmark on the record of a mortgage the word "discharged" when there is\npresented to him a certificate or certificates signed as hereinafter\nprovided, and acknowledged or proved and certified in like manner a…
N.Y. Real Property Law § 321-A Recording discharge of rent assignment
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§ 321-a. Recording discharge of rent assignment. An assignment of rent\nto accrue from real property, heretofore recorded, or hereafter recorded\npursuant to section two hundred ninety-four-a of this chapter, must be\ndischarged upon the record thereof, by the recording officer,…
N.Y. Real Property Law § 324 Effect of recording assignment of mortgage
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§ 324. Effect of recording assignment of mortgage. The recording of an\nassignment of a mortgage is not in itself a notice of such assignment to\na mortgagor, his heirs or personal representatives, or to an owner of\nthe mortgaged premises where such assignment is recorded subse…
N.Y. Real Property Law § 325 Recording of conveyances made by treasurer of Connecticut
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§ 325. Recording of conveyances made by treasurer of Connecticut. A\nconveyance of real property, executed at any time since the tenth day of\nMarch, eighteen hundred and twenty-five, by the treasurer of the state\nof Connecticut, acknowledged by him before the secretary of stat…
N.Y. Real Property Law § 326 Revocation to be recorded
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§ 326. Revocation to be recorded. A power of attorney or other\ninstrument, recorded pursuant to this article, is not deemed revoked by\nany act of the party by whom it was executed, unless the instrument\ncontaining such revocation is also recorded in the same office in which\n…
N.Y. Real Property Law § 327 Penalty for using long forms of covenants
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§ 327. Penalty for using long forms of covenants. The recording\nofficer of any county may charge for the recording of an instrument\ncontaining any of the covenants mentioned in section two hundred and\nfifty-three and two hundred and fifty-four of this chapter, at large,\ninst…
N.Y. Real Property Law § 327-A Modification of restrictive covenants
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§ 327-a. Modification of restrictive covenants. 1. As used in this\nsection, the following terms shall have the following meanings:\n (a) "Protected class" shall mean any class or category of persons\nprotected from unlawful discriminatory practices under subdivision five\nof se…
N.Y. Real Property Law § 328 Certain acts not affected
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§ 328. Certain acts not affected. Nothing contained in this article\nrepeals or affects any act providing for recording and indexing\ninstruments affecting real property in the city of New York, according\nto city blocks or other limited areas.\n
N.Y. Real Property Law § 329 Actions to have certain instruments canceled of record
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§ 329. Actions to have certain instruments canceled of record. An\nowner of real property or of any undivided part thereof or interest\ntherein or an owner of rent to accrue from a tenancy or subtenancy\nthereof, may maintain an action to have any recorded instrument in\nwriting…
N.Y. Real Property Law § 329-A Lapse of oil and gas interest within Allegany state park
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§ 329-a. Lapse of oil and gas interest within Allegany state park. The\nprovisions of this section shall apply to oil and gas interests that\nwere previously severed from interests in lands that are currently owned\nby the state within Allegany state park.\n 1. Any interest in o…
N.Y. Real Property Law § 330 Officers guilty of malfeasance liable for damages
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§ 330. Officers guilty of malfeasance liable for damages. An officer\nauthorized to take the acknowledgment or proof of a conveyance or other\ninstrument, or to certify such proof or acknowledgment, or to record the\nsame, who is guilty of malfeasance or fraudulent practice in t…
N.Y. Real Property Law § 331 Laws and decrees of foreign countries appointing agents and attorneys and recording of the same
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§ 331. Laws and decrees of foreign countries appointing agents and\nattorneys and recording of the same. A copy of a law of a foreign\ncountry or of a decree of the executive power of such a country,\nappointing an agent or attorney with power to execute and deliver in the\nname…
N.Y. Real Property Law § 332 The record of certain conveyances validated
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§ 332. The record of certain conveyances validated. 1. The record made\nprior to July first, nineteen hundred fifty-five in the office of the\nrecording officer of any county in this state of any deed, mortgage,\nassignment or satisfaction piece of a mortgage, or other conveyanc…
N.Y. Real Property Law § 332-A Validation of the record, execution and proof or acknowledgment of certain other instruments
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§ 332-a. Validation of the record, execution and proof or\nacknowledgment of certain other instruments. The record made prior to\nthe day when this act takes effect in the office of the recording\nofficer of any county in this state or, the execution and proof or\nacknowledgment…
N.Y. Real Property Law § 332-B The record of certain other conveyances validated
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§ 332-b. The record of certain other conveyances validated. 1. The\nrecord made subsequent to February thirteenth, nineteen hundred forty\nand prior to the time this section shall take effect in the office of\nthe recording officer of any county in this state of any deed, mortga…
N.Y. Real Property Law § 333 When conveyances of real property not to be recorded
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§ 333. When conveyances of real property not to be recorded. 1. After\nSeptember thirtieth, nineteen hundred and ten, a recording officer shall\nnot record or accept for record any conveyance of real property executed\nsubsequent to said September thirtieth, nineteen hundred and…