N.Y. Real Property Law Section 333
When conveyances of real property not to be recorded


1.

After September thirtieth, nineteen hundred and ten, a recording officer shall not record or accept for record any conveyance of real property executed subsequent to said September thirtieth, nineteen hundred and ten, unless the residence of the purchaser and if in a city of over five hundred thousand inhabitants according to the last federal census the street number of the residence of the purchaser shall be stated therein and such residence and street number shall be recorded with the conveyance. After May first, nineteen hundred and fourteen, a recording officer shall not record or accept for record any conveyance of real property executed subsequent to said first day of May, nineteen hundred and fourteen, if in a city of over two hundred thousand inhabitants according to the last federal census, unless the street number of the residence of the purchaser shall be stated therein and such residence and street number shall be recorded with the conveyance; provided, however, that this section shall not operate to invalidate any conveyance of real property, heretofore or hereafter executed, in which the residence or street number of the purchaser shall not have been stated, nor affect the record of any such conveyance accepted for record and recorded, heretofore or hereafter, contrary to the provisions of this section, nor impair any title founded on such a conveyance or record. After July first, nineteen hundred thirty-five, a recording officer of the county of Nassau shall not record or accept for record any conveyance of real property executed subsequent to said first day of July, nineteen hundred thirty-five, unless the city or incorporated village in which such real property is located be stated therein, and if not located in a city or incorporated village, then the township in which located shall be stated therein; provided, however, that this section shall not operate to invalidate any conveyance of real property, heretofore or hereafter executed, in which the description fails to designate the city or incorporated village in which the real property is located, nor affect the record of any such conveyance accepted for record and recorded, heretofore or hereafter contrary to the provisions of this section, nor impair any title founded on such a conveyance or record. 1-a. After September first, nineteen hundred forty, a recording officer shall not record or accept for record any conveyance of real property executed subsequent to said first day of September, nineteen hundred forty, unless the residence of the seller and of the purchaser, including the street and street number of the residence if any there be, shall be stated therein and such residences, including street and street number if any, shall be recorded with the conveyance; provided, however, that the provisions of this subdivision shall not operate to invalidate any conveyance of real property, executed subsequent to said first day of September, nineteen hundred forty, in which the residence, including street and street number if any, of the seller and of the purchaser shall not have been stated, nor affect the record contrary to the provisions of this subdivision, nor impair any title founded on such a conveyance or record. 1-b. With respect to instruments executed after September first, nineteen hundred forty-four, the terms seller and purchaser, as used in this section, shall include any party to a conveyance of real property. 1-c. With respect to instruments executed after September first, nineteen hundred forty-four, the term conveyance of real property as used in this section shall include any conveyance as defined in subdivision three of section two hundred ninety of the real property law and any instrument entitled to be recorded under Real Property Law § 294 (Recording executory contracts and powers of attorney)section two hundred ninety-four of the real property law. 1-d. After September first, nineteen hundred fifty-five a recording officer shall not record or accept for record any deed transferring title to real property executed subsequent to September first, nineteen hundred fifty-five, unless the city, town and village in which such real property is located be stated therein; provided, however, that this section shall not operate to invalidate any such deed, heretofore or hereafter executed, in which the description fails to designate the city, town and village in which the real property is located, nor affect the record of any such deed accepted for record and recorded, heretofore or hereafter contrary to the provisions of this section, nor impair any title founded on such deed or record. 1-e.

i.

A recording officer shall not record or accept for recording any conveyance of real property affecting land in New York state unless accompanied by one of the following:

(1)

a receipt issued by the commissioner of taxation and finance pursuant to subdivision (c) of Tax Law § 1423 (Modernization of real property transfer reporting)section fourteen hundred twenty-three of the tax law; or

(2)

a transfer report form prescribed by the commissioner of taxation and finance, and the fee prescribed pursuant to subdivision three of this section. ii. Such transfer report form shall contain information as required by such commissioner including:

(1)

the mailing address of the new owner;

(2)

the tax billing address, if different from the owner’s mailing address;

(3)

the appropriate tax map designation, if any;

(4)

a statement of the full sales price relating thereto;

(5)

a statement indicating whether the parcel is located in an agricultural district and, if so, whether a disclosure notice has been provided pursuant to § 333-C (Lands in agricultural districts)section three hundred thirty-three-c of this article and Agriculture & Markets Law § 310 (Disclosure)section three hundred ten of the agriculture and markets law;

(6)

a statement indicating whether the property described in such deed is the entire parcel owned by the transferor or transferors;

(7)

in the event the parcel conveyed by such deed is a portion of the parcel owned by the transferor or transferors, a statement indicating whether the city, town or village in which such property is situated has a planning board or other entity empowered to approve subdivisions; and

(8)

in the event such planning board or other entity is empowered to approve subdivisions, a statement indicating whether the parcel conveyed by such deed is (a) not subject to such subdivision approval or (b) such subdivision has been approved by the respective city, town or village planning board or other entity empowered to approve subdivisions. iii. Such transfer report form shall not constitute part of nor be retained with the record of conveyance. iv. For the purposes of this subdivision:

(1)

“Tax billing address” means the address designated by the owner to which tax bills shall be sent.

(2)

“Full sales price” means the price actually paid or required to be paid for the real property or interest therein, whether paid or required to be paid by money, property, or any other thing of value, including the cancellation or discharge of an indebtedness or obligation, and the amount of any lien or encumbrance on the real property or interest therein which existed before the delivery of the deed and which remains thereon after the delivery of the deed, but excluding the fair market value of any personal property received by the buyer.

(3)

“Qualifying farm property” means property for which the property classification code on the latest final assessment roll, as reported on the transfer report form, is in the agricultural category.

(4)

“Qualifying residential property” means property which satisfies at least one of the following conditions: (a) The property classification code assigned to the property on the latest final assessment roll, as reported on the transfer report form, indicates that the property is a one, two or three family home or a rural residence, or (b) The transfer report form indicates that the property is one, two or three family residential property that has been newly constructed on vacant land, or (c) The transfer report form indicates that the property is a residential condominium.

v.

(1) The provisions of this subdivision shall not operate to invalidate any conveyance of real property where one or more of the items designated as subparagraphs one through eight of paragraph ii of this subdivision, have not been reported or which has been erroneously reported, nor affect the record contrary to the provisions of this subdivision, nor impair any title founded on such conveyance or record.

(2)

Subject to the provisions of Tax Law § 1423 (Modernization of real property transfer reporting)section fourteen hundred twenty-three of the tax law, such form shall contain an affirmation as to the accuracy of the contents made both by the transferor or transferors and by the transferee or transferees. Provided, however, that if the conveyance of real property occurs as a result of a taking by eminent domain, tax foreclosure, or other involuntary proceeding such affirmation may be made only by either the condemnor, tax district, or other party to whom the property has been conveyed, or by that party’s attorney. The affirmations required by this paragraph shall be made in the form and manner prescribed by the commissioner, provided that notwithstanding any provision of law to the contrary, affirmants may be allowed, but shall not be required, to sign such affirmations electronically. vi. Any deed executed and delivered prior to July first, nineteen hundred ninety-four may nevertheless be recorded in the office of the county clerk providing there is submitted therewith, and in place of such form, a separate statement signed by the transferor or transferors and the transferee or transferees or any person having sufficient knowledge to sign such form which contains the same information required by the commissioner of taxation and finance as set forth in subparagraphs one through four of paragraph ii of this subdivision. 1-f. Each conveyance of real property affecting land in Suffolk county presented to the recording officer of such county for recording shall, in addition to complying with the requirements of subdivision one-e of this section, contain in the body thereof or have endorsed thereon the map designation or designations of the property maps of the real property tax service agency of such county. The recording officer of such county shall not record or accept for record, any conveyance of real property affecting land in such county unless said instrument of conveyance is accompanied by a three dollar certification fee for each parcel of real property conveyed, to defray the cost of verifying the tax map designation prior to recording. This certification fee shall be payable to the Suffolk county clerk and shall be in addition to any other applicable recording fees or charges. The provisions of this subdivision shall not operate to invalidate any conveyance of such real property on which the appropriate map designation or designations shall not have been stated or which may have been erroneously stated nor affect the record contrary to the provisions of this subdivision, nor impair any title founded on such conveyance or record.

2.

A recording officer shall not record or accept for record any conveyance of real property, unless said conveyance in its entirety and the certificate of acknowledgment or proof and the authentication thereof, other than proper names therein which may be in another language provided they are written in English letters or characters, shall be in the English language, or unless such conveyance, certificate of acknowledgment or proof, and the authentication thereof be accompanied by and have attached thereto a translation in the English language duly executed and acknowledged by the person or persons making such conveyance and proved and authenticated, if need be, in the manner required of conveyances for recording in this state, or, unless such conveyance, certificate of acknowledgment or proof, and the authentication thereof be accompanied by and have attached thereto a translation in the English language made by a person duly designated for such purpose by the county judge of the county where it is desired to record such conveyance or a justice of the supreme court and be duly signed, acknowledged and certified under oath or upon affirmation by such person before such judge, to be a true and accurate translation and contain a certification of the designation of such person by such judge.

3.

(i) When a recording officer is presented with a conveyance for recording that is accompanied by a receipt issued by the commissioner of taxation and finance pursuant to subdivision (c) of Tax Law § 1423 (Modernization of real property transfer reporting)section fourteen hundred twenty-three of the tax law, such recording officer shall be relieved of the responsibility to collect the fee described by this subdivision. He or she shall nonetheless be entitled to the portion of such fee that he or she would otherwise have deducted pursuant to this subdivision, as provided by subdivision (b) of Tax Law § 1423 (Modernization of real property transfer reporting)section fourteen hundred twenty-three of the tax law. (ii) When a recording officer is presented with a conveyance for recording that is not accompanied by such a receipt, he or she shall impose a fee of two hundred fifty dollars, or in the case of a transfer involving qualifying residential or farm property as defined by paragraph iv of subdivision one-e of this section, a fee of one hundred twenty-five dollars, for every real property transfer reporting form submitted for recording as required under subparagraph two of paragraph i of subdivision one-e of this section. In the city of New York, the recording officer shall impose a fee of one hundred dollars for each real property transfer tax form filed in accordance with chapter twenty-one of title eleven of the administrative code of the city of New York, except where a real property transfer reporting form is also submitted for recording for the transfer as required under subparagraph two of paragraph i of subdivision one-e of this section. The recording officer shall deduct nine dollars from such fee and remit the remainder of the revenue collected to the commissioner of taxation and finance every month for deposit into the general fund. The amount duly deducted by the recording officer shall be retained by the county or by the city of New York.

Source: Section 333 — When conveyances of real property not to be recorded, https://www.­nysenate.­gov/legislation/laws/RPP/333 (updated Apr. 23, 2021; accessed Jul. 13, 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

Accessed:
Jul. 13, 2024

Last modified:
Apr. 23, 2021

§ 333’s source at nysenate​.gov

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