§ 290 Definitions; Effect of Article
§ 291 Recording of Conveyances
§ 291-A Recording Conveyances of Land in Towns in Chautauqua County; Duties of County and Town Clerks
§ 291-B Recording Conveyances of Land in Towns in Cattaraugus County; Duties of County and Town Clerks
§ 291-C Recording Memoranda of Leases
§ 291-CC Recording Modifications of Leases
§ 291-D Recording of Master Forms of Mortgage Covenants and Clauses; Incorporation Thereof by Reference
§ 291-E Exceptions, Reservations and Recitals Referring to Unrecorded Conveyances and Contracts for Sale of Real Property
§ 291-F Rights Where Recorded Mortgage Restricts Landlord’s Action in Respect to Leases
§ 291-G Recording Insurance Information
§ 291-H Recording of Liens by the State
§ 291-I Validity of Electronic Recording
§ 291-J Recording of Declarations by the New York State Energy Research and Development Authority
§ 292 By Whom Conveyance Must Be Acknowledged or Proved
§ 292-A 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
§ 294-A Recording Assignments of Rent
§ 294-B 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
§ 297-A Recording of Certified Copies of Bankruptcy Papers; Constructive Notice
§ 297-B 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
§ 299-A 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
§ 301-A 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
§ 309-A Uniform Forms of Certificates of Acknowledgment or Proof Within This State
§ 309-B Uniform Forms of Certificates of Acknowledgment or Proof Without This State
§ 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
§ 313-A Deputies
§ 314 Recording of Conveyances Acknowledged or Proved Without the State, When Parties and Certifying Officer Are Dead
§ 314-A Proof When Witnesses Are Dead
§ 315 Recording Books
§ 316 Indexes
§ 316-A Indexing and Reindexing Conveyances, Mortgages and Other Instruments
§ 316-B 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
§ 321-A 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
§ 329-A Lapse of Oil and Gas Interest Within Allegany State Park
§ 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
§ 332-A Validation of the Record, Execution and Proof or Acknowledgment of Certain Other Instruments
§ 332-B The Record of Certain Other Conveyances Validated
§ 333 When Conveyances of Real Property Not to Be Recorded
§ 333-A Same; Maps to Be Filed
§ 333-B Recording of Maps or Plot Plans
§ 333-C Lands in Agricultural Districts; Disclosure
§ 334 Maps to Be Filed; Penalty for Nonfiling
§ 334-A 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
§ 335-A Easements of Necessity
§ 335-B Recording of Solar Energy Easements
§ 336 Effect of Recording Demands or Requirements of Alien Property Custodian

Terms Used In New York Laws > Real Property > Article 9 - Recording Instruments Affecting Real Property

  • Abused child: means a child or youth who has been subjected to "physical abuse" "sexual abuse" and/or "psychological abuse" as defined in section four hundred eighty-eight of the New York state social services law while in the custody of ACS. See N.Y. New York City Administrative Code 21-901
  • ACS: means the administration for children's services, or any successor agency charged with operating the city's child welfare system. See N.Y. New York City Administrative Code 21-901
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Allegation: something that someone says happened.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Child: means "youth" as defined in this section. See N.Y. New York City Administrative Code 21-901
  • Commissioner: means the commissioner of ACS. See N.Y. New York City Administrative Code 21-901
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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. See N.Y. Real Property Law 290
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Dependent: A person dependent for support upon another.
  • Detention: means the temporary care and maintenance of youth held:

    1. See N.Y. New York City Administrative Code 21-901

  • Detention facility: means a facility, certified by the New York state office of children and family services, for the care of youth detained in accordance with the provisions of the family court act, regulations of the New York state office of children and family services, and the criminal procedure law. See N.Y. New York City Administrative Code 21-901
  • Docket: A log containing brief entries of court proceedings.
  • Electronic: means of or relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See N.Y. Real Property Law 290
  • Electronic signature: means an electronic sound, symbol, or process, attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the record. See N.Y. Real Property Law 290
  • Emergency removal: means the removal of a child from such child's place of residence or from the custody of such child's parent, or person legally responsible for the child, pursuant to section 1024 of the family court act. See N.Y. New York City Administrative Code 21-901
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: means the fiscal year for the city of New York. See N.Y. New York City Administrative Code 21-901
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Intestate: Dying without leaving a will.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mechanical restraint: means the use of a mechanical device to restrict the movement or normal function of a portion of a child's body, including but not limited to, handcuffs, leg cuffs, daisy chains or waist restraint. See N.Y. New York City Administrative Code 21-901
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Neglected child: means a child or youth who has been subjected to neglect as defined in § 488 of the New York state social services law while in the custody of ACS. See N.Y. New York City Administrative Code 21-901
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Paper document: means a document in a form that is not electronic. See N.Y. Real Property Law 290
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.
  • Physical restraint: means the use of bodily force to limit a child's freedom of movement during a physical confrontation or to prevent a confrontation. See N.Y. New York City Administrative Code 21-901
  • Placement: means the temporary care and maintenance of adjudicated youth held away from their homes pursuant to article three of the family court act. See N.Y. New York City Administrative Code 21-901
  • Placement facility: means a facility, certified by the New York state office of children and family services, for the care of youth placed in accordance with the provisions of the family court act and the regulations of the New York state office of children and family services. See N.Y. New York City Administrative Code 21-901
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • 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. See N.Y. Real Property Law 290
  • 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. See N.Y. Real Property Law 290
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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, or by an electronic process by which a record or instrument affecting real property, after delivery is incorporated into the public record. See N.Y. Real Property Law 290
  • recording officer: means the county clerk of the county, except in a county having a register, where it means the register of the county. See N.Y. Real Property Law 290
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • reside in temporary housing: means satisfying the definition of "homeless child" as set forth in chancellor's regulation A-780. See N.Y. New York City Administrative Code 21-965
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • student: means any pupil under the age of twenty-one as of September first of the academic period being reported, who does not have a high school diploma and who is enrolled in a district school or pre-kindergarten program in a district school within the city school district. See N.Y. New York City Administrative Code 21-965
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.
  • Wet signature: means a signature affixed in ink or pencil or other material to a paper document. See N.Y. Real Property Law 290
  • Youth: means a person who resides in a juvenile detention or placement facility in the custody of ACS. See N.Y. New York City Administrative Code 21-901
  • Zone: means one of no fewer than 13 divisions of ACS child protective services headed by a deputy director who exercises oversight over the work of child protective managers, supervisors and child protective specialists in a specific geographic area, or the Office of Confidential Investigations. See N.Y. New York City Administrative Code 21-901