Find the right New York real estate form

In New York, a “conveyance” includes every written instrument—other than a will—by which an estate or interest in real property is created, transferred, assigned, or surrendered (N.Y. Real Prop. Law § 240). A person who owns real property and has the power to convey it may transfer that interest by written instrument. New York law also permits a grantor to convey property to himself or herself and another person, with the same legal effect as if the conveyance were made by a third party (RPL § 240-b).

Forms of Deed

New York provides statutory short-form conveyances in Real Property Law § 258, though their use is not mandatory. Common deed types include:

• Warranty deed
• General warranty deed
• Quitclaim deed
• Fiduciary deed

The type of deed used determines the scope of covenants and title protections included in the transfer.

Capacity and Ownership

Any person, other than a minor or a person lacking legal capacity, who is seized of or entitled to an estate or interest in real property may transfer that interest by written instrument (RPL § 11). New York also grants aliens the same rights as citizens to acquire, hold, transmit, and dispose of real property (RPL § 10).

A conveyance is not invalid merely because the property is in the actual possession of someone claiming adversely at the time of delivery (RPL § 260). The manner in which title is held—whether in severalty, joint tenancy, tenancy in common, or tenancy by the entirety—affects the legal consequences of the transfer.

Execution and Acknowledgment

A deed must be signed by the grantor. To be recorded, it must be acknowledged by the person who executed it or proved by a subscribing witness (RPL § 292).

New York imposes strict identity requirements. An acknowledgment may not be taken unless the officer knows or has satisfactory evidence that the person making the acknowledgment is the person described in and who executed the instrument (RPL § 303). If proved by a subscribing witness, the witness must state his or her residence and confirm familiarity with the grantor’s identity (RPL § 304).

The officer taking the acknowledgment or proof must endorse or attach a signed certificate in statutory form (RPL § 306).

Recording and Priority

A properly acknowledged or proved deed may be recorded in the office of the county clerk in the county where the property is located.

New York follows a race-notice recording statute. An unrecorded conveyance is void as against a subsequent purchaser in good faith and for valuable consideration whose conveyance is first duly recorded (RPL § 291). However, an unrecorded deed remains valid between the parties.

Because New York requires strict compliance with acknowledgment procedures and ties priority to timely county recording, careful execution and prompt filing are essential to ensure that a conveyance is enforceable against later purchasers and lienholders.