Erie County Recorder

The County Clerk is responsible for recording and maintaining real property records in Erie County.

To record a real property deed, there is a $45.00 fee, and a $5 fee for each one-sided page or portion of page recorded.

For each cross reference to another document, there is a $0.50 fee.

If paying with a personal check, a form of identification is required. The check must have the name and phone number of the title company or attorney, if applicable. Checks should be made out to the ERIE COUNTY CLERK for the exact amount.

A $3.50 charge applies to an assignment of a mortgage that assigns more than one mortgage for each cross reference after the first.

The TP-584 Tax Affidavit comes with a $10 filing fee.

The Real Property Transfer Report Form costs $125 for residential and qualifying farm property, $250 for commercial property.

At the time of filing, the seller is responsible for the New York State and Erie County Transfer Tax. The rate is a total of $9 per thousand dollars of consideration. The portion for New York State is $4 and the Erie County portion is $5.

In some instances relating to the transfer of previously unimproved property upon which a residence has been constructed, the transfer may be exempt from the Erie County portion of the tax rate.

For those at least 62 years old, a reduction in the transfer tax from $9.00 per thousand to $4.00 per thousand is available. This only applies to those who have owned and occupied the property, which must be a one or two family dwelling, for at least one year. To claim this exemption, affidavits are available at no fee in the County Clerk's Office.

To present a document for recordation, it must be an original deed form that is completed, signed, and notarized.

Please use legible typed or printed black ink in filling out your document.

To ensure proper return of your document, the return address needs to be listed on the document presented for recording.

New York form requirements state that all deeds must include a legal description of the property, along with the names and addresses of all parties on the document.

All acknowledgments require the Uniform Certificate of Acknowledgement as found at NYS RPP 309-a (in state) or 309-b (out of state):

A Real Property Transfer Report must also be completed and signed upon submitting your document. This form is available at the County Clerk Office, but can also be downloaded as a pdf file from www.tax.ny.gov.