New York Warranty Deed

Introduction

Key Things to Know

1. 1

   New York's Deed with Full Covenants (Real Property Law Section 258, Schedule A) carries five covenants, the strongest being the promise to forever warrant the title. Its everyday bargain and sale deed with covenant is only a special warranty.

2. 2

   New York codifies a full general warranty deed. The Deed with Full Covenants (Real Property Law Section 258, Schedule A) carries five covenants, and its Fifth covenant, the operative words will forever warrant the title, is construed by Section 253 to bind the grantor to warrant and forever defend the premises against all and every person or persons whomsoever lawfully claiming.

3. 3

   New York's everyday residential instrument is not the full warranty deed but the bargain and sale deed with covenant against the grantor's acts (Section 258, Schedule E). Its single covenant is limited to encumbrances the grantor personally made or suffered, so it is a special or limited warranty, not a general one.

4. 4

   You record the signed deed with the clerk of the county where the property is located (Real Property Law Section 291). In New York City the Office of the City Register records deeds through ACRIS for the Bronx, Brooklyn, Manhattan and Queens, while Staten Island deeds go to the Richmond County Clerk. New York follows a race-notice priority rule, so recording promptly protects you against a later good-faith buyer.

5. 5

   The grantor's signature must be acknowledged before a notary before the deed can be recorded (Real Property Law Sections 291 and 306). New York does not require subscribing witnesses for a deed; proof by a subscribing witness is only an alternative route when the signature is not acknowledged.

6. 6

   New York imposes a real estate transfer tax of 2 dollars for each 500 dollars of consideration when the consideration exceeds 500 dollars (Tax Law Section 1402), paid by the grantor (Section 1404). A 1 percent mansion tax applies to residences of 1 million dollars or more and is paid by the buyer, and New York City adds its own city transfer tax. The TP-584 return and RP-5217 transfer report must be filed before the deed can be recorded.

7. 7

   New York is not a community-property state and no statute requires a non-owner spouse to join in signing a deed; a sole owner may convey alone. A general warranty deed, which warrants against title defects predating the seller, is a valid choice but is used less often in residential resale practice than the bargain and sale deed with covenant.

New York Requirements for Warranty Deed

• Title Guarantee and Covenants

  A warranty deed guarantees clear title and defends the buyer against claims. New York codifies a general warranty deed, the Deed with Full Covenants (Real Property Law Section 258, Schedule A), carrying five covenants: seisin, quiet enjoyment, freedom from incumbrances, further assurance, and warranty of title. The Fifth covenant, will forever warrant the title, is construed by Section 253 to bind the grantor to warrant and forever defend the premises against all persons lawfully claiming.

• Full Warranty vs Bargain and Sale Deed

  New York codifies statutory short-form deeds in Real Property Law Section 258. The Deed with Full Covenants (Schedule A) is the general warranty deed. The everyday residential instrument is instead the bargain and sale deed with covenant against the grantor's acts (Schedule E), whose single covenant is limited to encumbrances the grantor personally made or suffered, making it a special or limited warranty. A bargain and sale deed without covenant (Schedule C) and a quitclaim deed (Schedule G) carry no covenants.

• Record with the County Clerk

  Record the signed, acknowledged deed with the clerk of the county in which the real property is situated (Real Property Law Section 291). In New York City the Office of the City Register records deeds through ACRIS for the Bronx, Brooklyn, Manhattan and Queens, and the Richmond County Clerk records Staten Island deeds. New York follows a race-notice priority rule, so a conveyance recorded first generally prevails over a later one by a good-faith purchaser. Record promptly to protect your interest.

• Notary Acknowledgment, No Witnesses

  Before recording, the grantor's signature must be duly acknowledged, and the officer taking the acknowledgment attaches the certificate required by Real Property Law Section 306 (Section 291). New York does not require subscribing witnesses for a deed; proof by a subscribing witness is only the alternative route to recordability when the signature is not acknowledged, so a proper notarial acknowledgment is the standard path.

• Real Estate Transfer Tax and Returns

  New York imposes a real estate transfer tax of 2 dollars for each 500 dollars of consideration when the consideration exceeds 500 dollars (Tax Law Section 1402), paid by the grantor (Section 1404). A 1 percent mansion tax applies to residences of 1 million dollars or more, paid by the buyer, and New York City levies an additional city transfer tax. The TP-584 return and RP-5217 transfer report must be filed with the recording officer before the deed can be recorded.

• Legal Description and Parties

  Name the grantor (party of the first part) and grantee (party of the second part), state the consideration, and include the full legal description of the property (not just the street address or the Section, Block and Lot number). Errors in the legal description or in how the grantee takes title are a common and costly source of later title problems, so confirm both against the current vesting deed.

• No Spousal Joinder Required

  New York is not a community-property state, and no statute requires a non-owner spouse to join in signing a deed for it to be valid; the record owner may convey alone. Marital elective-share rules can still affect what a surviving spouse may claim from an estate, so confirm how title is held and consider advice before conveying a marital home.

• General vs Special Warranty: Choosing the Deed

  Choose the deed to match the protection intended. A general warranty deed (Deed with Full Covenants, Schedule A) warrants title against all claims, including those predating the grantor. The bargain and sale deed with covenant against the grantor's acts (Schedule E) gives a special warranty limited to the grantor's own acts and is New York's usual residential deed. A quitclaim gives no covenants. The reason for the transfer usually points to the right one.