New York Real Property Law Article 9 - RECORDING INSTRUMENTS AFFECTING REAL PROPERTY

• 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...
• 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,...
• 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...
• 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...
• 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...
• 291-Cc - Recording Modifications of Leases.
  291-cc. 1. Recording modifications of leases. Where a lease or memorandum of such lease has been recorded, an unrecorded agreement modifying such lease or memorandum...
• 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...
• 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...
• 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...
• 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...
• 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...
• 291-i - Validity of Electronic Recording.
  1. Notwithstanding any law to the contrary, (a) where a law, rule or regulation requires, as a condition for recording, that an instrument affecting real...
• 291-j - Recording of Declarations by the New York State Energy Research and Development Authority.
  Pursuant to subdivision five of section eighteen hundred ninety-six of the public authorities law, the New York state energy research and development authority shall record...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 309 - Acknowledgment by Corporation and Form of Certificate.
  1. The acknowledgment of a conveyance or other instrument by a corporation, must be made by an officer or attorney in fact duly appointed, or...
• 309-a - Uniform Forms of Certificates of Acknowledgment or Proof Within This State.
  1. The certificate of an acknowledgment, within this state, of a conveyance or other instrument in respect to real property situate in this state, by...
• 309-b - Uniform Forms of Certificates of Acknowledgment or Proof Without This State.
  309-b. Uniform forms of certificates of acknowledgement or proof without this state. 1. The certificate of an acknowledgement, without this state, of a conveyance or...
• 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,...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 329-a - Lapse of Oil and Gas Interest Within Allegany State Park.
  The provisions of this section shall apply to oil and gas interests that were previously severed from interests in lands that are currently owned by...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 333-c - Lands in Agricultural Districts; Disclosure.
  1. When any purchase and sales contract is presented for the sale, purchase, or exchange of real property located partially or wholly within an agricultural...
• 334 - Maps to Be Filed; Penalty for Nonfiling.
  1. It shall be the duty of every person or corporation who, as owner or agent, subdivides real property into lots, plots, blocks or sites,...
• 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,...
• 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,...
• 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...
• 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...
• 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...

Last modified: February 3, 2019