Herkimer County Warranty Deed Form

This fillable form prepares a New York warranty deed, the deed with full covenants of Real Property Law Section 258, configured for one individual grantor. The form carries a single grantor block, one signature line, and one notary certificate in the uniform wording of Real Property Law Section 309-a, so it recites the simplest execution pattern New York conveyancing has: one owner of record, signing alone, conveying with every title covenant the statutory form provides.

Five covenants that reach the whole chain of title

New York implies no covenants in a deed; Real Property Law Section 251 says so expressly, which means a New York deed warrants exactly what it spells out. This form spells out all five covenants of the statutory full covenant form, each construed by Real Property Law Section 253: that the grantor is seized of the premises in fee simple with good right to convey, that the grantee shall quietly enjoy the premises, that the premises are free from incumbrances apart from the matters the deed lists, that the grantor will execute or procure further assurances of the title, and that the grantor will forever warrant the title. Those covenants reach defects arising anywhere in the chain of title, not only during the grantor's own ownership, which is the feature that distinguishes a full covenant and warranty deed from New York's bargain and sale forms.

One grantor, one signature, one certificate

The deed recites an individual owner conveying in the owner's own name and right. The grantor and grantee sections follow the traditional New York style, name, residing at, address, satisfying the party residence requirement of Real Property Law Section 333, and the property section collects the recording county, the city, town, or village where the land lies, the tax map designation, and the formal legal description from the vesting deed. The acknowledgment certificate printed on the form is the Section 309-a uniform certificate that a within-state acknowledgment of a New York real property instrument must conform to substantially, completed entirely by the notary. Owners conveying through an entity, a fiduciary capacity, or an agent under a power of attorney present different execution patterns than the individual configuration this deed recites.

The lien law covenant New York deeds carry

Below the five title covenants, the form prints the trust fund covenant of Lien Law Section 13, in which the grantor covenants to receive the consideration as a trust fund and apply it first to the cost of any improvement. Under subdivision 5 of that section, a conveyance recorded while the mechanics lien window for recent construction remains open is not valid against those liens without the covenant, so New York deeds carry it as a matter of course.

Recording and the forms that travel with the deed

The signed and acknowledged deed is recorded with the county clerk where the property is located, or through the New York City Register's ACRIS system for the Bronx, Brooklyn, Manhattan, and Queens. Under Real Property Law Section 291, an unrecorded deed is void against a later good faith purchaser from the same grantor who records first. A New York recording package also carries the TP-584 transfer tax return, filed whether or not tax is due, and the RP-5217 transfer report on legal size paper; the guide walks through the state transfer tax of two dollars per five hundred dollars of consideration, the exemptions for gifts and other listed conveyances, the additional one percent tax on residential conveyances of one million dollars or more, and the county level items that vary from Erie's county transfer tax to Suffolk's endorsement page.

The download delivers this warranty deed as a fillable PDF, a completed example showing the entire document filled in for a realistic Albany County fact pattern, and a plain language guide that describes every numbered section, the grantee vesting options New York recognizes, and the recording process; the materials are informational and are not legal advice.