New York Forms

Herkimer County Special Warranty Deed Form

Herkimer County Special Warranty Deed Form

Herkimer County Special Warranty Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.

Document Last Validated 8/14/2025
Herkimer County Special Warranty Deed Guide

Herkimer County Special Warranty Deed Guide

Line by line guide explaining every blank on the form.

Document Last Validated 7/10/2025
Herkimer County Completed Example of the Special Warranty Deed Document

Herkimer County Completed Example of the Special Warranty Deed Document

Example of a properly completed form for reference.

Document Last Validated 5/1/2025

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Important: Your property must be located in Herkimer County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Herkimer County Clerk
Address:
109 Mary St, Suite 1111
Herkimer, New York 13350

Hours: Monday - Friday 9am to 4:45pm / Summer: 8:30am to 3:45pm

Phone: (315) 867-1133 (Recording) & 867-1338 (Record Room)

Recording Tips for Herkimer County:
  • Recorded documents become public record - avoid including SSNs
  • Request a receipt showing your recording numbers
  • Have the property address and parcel number ready

Cities and Jurisdictions in Herkimer County

Properties in any of these areas use Herkimer County forms:

  • Cold Brook
  • Dolgeville
  • Eagle Bay
  • Frankfort
  • Herkimer
  • Ilion
  • Jordanville
  • Little Falls
  • Middleville
  • Mohawk
  • Newport
  • Old Forge
  • Poland
  • Salisbury Center
  • Thendara
  • Van Hornesville
  • West Winfield

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Herkimer County

How do I get my forms?

Forms are available for immediate download after payment. The Herkimer County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Herkimer County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Herkimer County including margin requirements, content requirements, font and font size requirements.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Herkimer County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Herkimer County?

Recording fees in Herkimer County vary. Contact the recorder's office at (315) 867-1133 (Recording) & 867-1338 (Record Room) for current fees.

Questions answered? Let's get started!

In New York, interest to real property can be transferred from one party to another by executing a special warranty deed. Special warranty deeds convey an interest in real property to the named grantee with limited warranties of title, but they are not statutory forms in New York.

Special warranty deeds contain covenants that the grantor holds title to the property and has good right to convey it; that the grantor has not conveyed the property to another party; that the property is free from encumbrances that arose during the time that the grantor held title to the property (with the exception of any noted in the deed); and that the grantor will defend the title against anyone who may lawfully claim the same by, through, or under them. These covenants should be explicit in the instrument of conveyance. Basically, a special warranty deed guarantees the title against defects arising only during the period the grantor holds title, and does not extend to the property's entire ownership history.

A lawful special warranty deed meets all state and local standards for recorded documents, including the grantor's full name, mailing address, and marital status; the consideration given for the transfer; and the grantee's full name, mailing address, marital status, and vesting. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or in co-ownership.

For New York residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by entirety. A grant of ownership of real estate to two or more unmarried persons is presumed to create a tenancy in common, unless a joint tenancy is expressly declared. In the case of married persons, a tenancy by entirety is presumed, unless a joint tenancy or tenancy in common is expressly declared (E.P.T. Law Sections 6-2.1, 6-2.2).

As with any conveyance of realty, a special warranty deed requires a complete legal description of the parcel, including the section, block, lot, and unit numbers. Recite the prior deed reference to maintain a clear chain of title, and detail any restrictions associated with the property.

Sign the deed in the presence of a notary public or other authorized official, then record it at the county clerk's office in the county where the property is located for a valid transfer. Contact the same office to confirm accepted forms of payment. Most counties in New York require a recording page to accompany all documents for recording. This cover page is available on the local county clerk's website, and it factors into the total page count when calculating recording fees.

In New York, the real estate transfer tax is due at the time of recording. File Form TP-584 (Combined Real Estate Transfer Tax Return) with the appropriate county clerk (TAX Law 31-D-1449-EE(2)(d)). Non-residents of New York State must also file an IT-266 Tax Form (Non-Resident Real Property Estimated Income Tax Payment Form) (TAX Law 22-663).

Pursuant to R.P.P. Law 9-333.3, all conveyances, excluding deeds of oil and gas or mineral rights, require a Real Property Transfer Report. Use Form RP-5217-NYC for real property transfers within the five boroughs of New York City, and use Form RP-5217 for real property transfers in all other counties. Contact the local county clerk's office to confirm the specific local requirements.

This article is provided for informational purposes only and is not a substitute for legal advice. Speak to an attorney with questions related to special warranty deeds or for any other issues related to transfers of real property in New York.

(New York SWD Package includes form, guidelines, and completed example)

Important: Your property must be located in Herkimer County to use these forms. Documents should be recorded at the office below.

This Special Warranty Deed meets all recording requirements specific to Herkimer County.

Our Promise

The documents you receive here will meet, or exceed, the Herkimer County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Herkimer County Special Warranty Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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