A New York deed is a written instrument by which property ownership is transferred from a seller (“grantor”) to a buyer (“grantee”). As with mortgages and other documents pertaining to real estate, property deeds will need to be recorded in the appropriate government land records office (either the County Clerk or City Register’s office). The recording process is necessary to establish a public record of the title transfer and substantiate the grantee’s ownership rights.
Some deeds contain warranties that free the grantee from liability against title defects (e.g., tax and mechanic’s liens, boundary line disputes). If using a deed devoid of title protection, the grantee is encouraged to conduct a preliminary title search to determine whether encumbrances cloud the property title.
Bargain and Sale Deed With Covenant – A type of special warranty deed that guarantees that the grantor has title rights and hasn’t caused or suffered any encumbrances during their ownership.
Bargain and Sale Deed Without Covenant – Promises that the grantor has title rights, but does not warrant the title against encumbrances.
Deed of Trust – Grants property to a third-party trustee to hold as security for a real estate loan received by a borrower from a lender.
General Warranty Deed – Also known as a “deed with full covenants,” this form includes a guarantee that the grantor is the rightful owner of real property, free from all liens and encumbrances.
Quit Claim Deed – Conveys the grantor’s interest in real estate with no warranties or covenants to protect the property title.
- Statutes: Real Property (RPP) Ch. 50, Art. 8 & Art. 9
- Formatting: No state-wide standards. Individuals can contact their County Clerk or City Register for local requirements.
- Signing Requirements (§ 306): Notary Public
- Where to Record (§ 291): County Clerk or City Register (Outside NYC – Inside NYC)
- Recording Fees: Fees vary depending on the county and the number of pages recorded (generally around $40-$50 total).
- RP-5217-PDF – For property transfers outside New York City.
- RP-5217NYC – For property transfers inside New York City.
- Form IT-2663 – Required if the grantor is not a resident of New York State.
- Form TP-584 – Used to pay the transfer tax on properties outside New York City.
- Form TP-584-NYC – Used to pay the transfer tax on properties inside New York City.
- Endorsement Cover Sheet – Required in some counties (obtained from County Clerk or City Register).
- Property Disclosure Statement (§ 462) – Required if transferring ownership of residential property.