N.Y. Real Property Law Section 290
Definitions

  • effect of article

1.

The term “real property,” as used in this article, includes lands, tenements and hereditaments and chattels real, except a lease for a term not exceeding three years.

2.

The term “purchaser” includes every person to whom any estate or interest in real property is conveyed for a valuable consideration, and every assignee of a mortgage, lease or other conditional estate.

3.

The term “conveyance” includes every written instrument, by which any estate or interest in real property is created, transferred, mortgaged or assigned, or by which the title to any real property may be affected, including an instrument in execution of a power, although the power be one of revocation only, and an instrument postponing or subordinating a mortgage lien; except a will, a lease for a term not exceeding three years, an executory contract for the sale or purchase of lands, and an instrument containing a power to convey real property as the agent or attorney for the owner of such property.

4.

The term “recording officer” means the county clerk of the county, except in a county having a register, where it means the register of the county.

5.

“Recording” or “recorded” means the entry, at length, upon the pages of the proper record books in a plain and legible hand writing, or in print or in symbols of drawing or by photographic process or partly in writing, partly in printing, partly in symbols of drawing or partly by photographic process or by any combination of writing, printing, drawing or photography or either or any two of them, or by an electronic process by which a record or instrument affecting real property, after delivery is incorporated into the public record. “Recording” or “recorded” also means the reproduction of instruments by microphotography or other photographic process on film which is kept in appropriate files.

6.

“Electronic” means of or relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

7.

“Electronic record” means information evidencing any act, transaction, occurrence, event or other activity, produced or stored by electronic means and capable of being accurately reproduced in forms perceptible by human sensory capabilities.

8.

“Electronic signature” means an electronic sound, symbol, or process, attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the record.

9.

“Paper document” means a document in a form that is not electronic.

10.

“Digitized paper document” means a digitized image of a paper document that accurately depicts the information on the paper document in a format that cannot be altered without detection.

11.

“Wet signature” means a signature affixed in ink or pencil or other material to a paper document.

12.

This article does not apply to leases for life or lives, or for years, heretofore made, of lands in either of the counties of Albany, Ulster, Sullivan, Herkimer, Dutchess, Columbia, Delaware or Schenectady.

Source: Section 290 — Definitions; effect of article, https://www.­nysenate.­gov/legislation/laws/RPP/290 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

290
Definitions 291
Recording of conveyances 291‑A
Recording conveyances of land in towns in Chautauqua county 291‑B
Recording conveyances of land in towns in Cattaraugus county 291‑C
Recording memoranda of leases 291‑CC
Recording modifications of leases 291‑D
Recording of master forms of mortgage covenants and clauses 291‑E
Exceptions, reservations and recitals referring to unrecorded conveyances and contracts for sale of real property 291‑F
Rights where recorded mortgage restricts landlord’s action in respect to leases 291‑G
Recording insurance information 291‑H
Recording of liens by the state 291‑I
Validity of electronic recording 291‑J
Recording of declarations by the New York state energy research and development authority 292
By whom conveyance must be acknowledged or proved 292‑A
Conveyances by certain corporations executed and acknowledged by attorneys in fact entitled to recordation 293
Recording of conveyances heretofore acknowledged or proved 294
Recording executory contracts and powers of attorney 294‑A
Recording assignments of rent 294‑B
Recording brokers affidavit of entitlement to commission for completed brokerage services 295
Recording of letters patent 296
Recording copies of instruments which are in secretary of state’s office 297
Certified copies may be recorded 297‑A
Recording of certified copies of bankruptcy papers 297‑B
Recording of certified copies of judgments affecting real property 298
Acknowledgments and proofs within the state 299
Acknowledgments and proofs without the state, but within the United States or any territory, possession, or dependency thereof 299‑A
Acknowledgment to conform to law of New York or of place where taken 300
Acknowledgments and proofs by persons in or with the armed forces of the United States 301
Acknowledgments and proofs in foreign countries 301‑A
Acknowledgment to conform to law of New York or of foreign country 302
Acknowledgments and proofs by married women 303
Requisites of acknowledgments 304
Proof by subscribing witness 305
Compelling witnesses to testify 306
Certificate of acknowledgment or proof 307
When certificate to state time and place 308
When certificate must be under seal 309
Acknowledgment by corporation and form of certificate 309‑A
Uniform forms of certificates of acknowledgment or proof within this state 309‑B
Uniform forms of certificates of acknowledgement or proof without this state 310
Authentication of acknowledgments and proofs made within the state 311
Authentication of acknowledgments and proofs made without the state 312
Contents of certificate of authentication 313
Notary public 313‑A
Deputies 314
Recording of conveyances acknowledged or proved without the state, when parties and certifying officer are dead 314‑A
Proof when witnesses are dead 315
Recording books 316
Indexes 316‑A
Indexing and reindexing conveyances, mortgages and other instruments 316‑B
Inactive hazardous waste disposal site registry index 317
Order of recording 318
Certificate to be recorded 319
Time of recording 320
Certain deeds deemed mortgages 321
Recording discharge of mortgage 321‑A
Recording discharge of rent assignment 324
Effect of recording assignment of mortgage 325
Recording of conveyances made by treasurer of Connecticut 326
Revocation to be recorded 327
Penalty for using long forms of covenants 328
Certain acts not affected 329
Actions to have certain instruments canceled of record 329‑A
Lapse of oil and gas interest within Allegany state park 330
Officers guilty of malfeasance liable for damages 331
Laws and decrees of foreign countries appointing agents and attorneys and recording of the same 332
The record of certain conveyances validated 332‑A
Validation of the record, execution and proof or acknowledgment of certain other instruments 332‑B
The record of certain other conveyances validated 333
When conveyances of real property not to be recorded 333‑A
Same 333‑B
Recording of maps or plot plans 333‑C
Lands in agricultural districts 334
Maps to be filed 334‑A
Filing of subdivision maps in Nassau county 335
Filing of maps and abandonment of subdivisions in Suffolk county 335‑A
Easements of necessity 335‑B
Recording of solar energy easements 336
Effect of recording demands or requirements of noncitizen property custodian
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 290’s source at nysenate​.gov

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