New York Warranty Deed
A warranty deed guarantees clear title and defends the buyer against claims. New York codifies a full-covenant warranty deed, recorded with the county clerk. Attorney review available.
Introduction
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, which Section 253 reads as a duty to warrant and defend the premises against all persons lawfully claiming. That title guarantee is what separates it from a quitclaim deed, which promises nothing and only passes whatever interest the seller happens to have. A general warranty deed protects against every title defect, including ones that arose before the seller owned the property; a special or limited warranty deed covers only problems created during the seller's own ownership. New York codifies both. Its general warranty instrument is the Deed with Full Covenants (Real Property Law Section 258, Schedule A), which carries five covenants, the strongest being the promise that the grantor will forever warrant the title; Section 253 construes those words as a duty to warrant and forever defend the premises against all persons lawfully claiming. New York's everyday residential deed, though, is the bargain and sale deed with covenant against the grantor's acts (Schedule E), a special warranty limited to the grantor's own acts. You record the signed, acknowledged deed with the clerk of the county where the property sits (Section 291); in New York City the Office of the City Register records through ACRIS. DocDraft builds your New York deed from your facts, with attorney review available before you record.
Key Things to Know
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Key decisions before you file
Before you file a Warranty Deed in New York, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
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New York Requirements for Warranty Deed
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.
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 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.
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.
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.
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.
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.
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.
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Check my Warranty DeedFrequently Asked Questions
A warranty deed guarantees the seller holds clear title and will defend the buyer against claims to the property. A quitclaim deed makes no promises at all; it passes only whatever interest the seller actually has. New York codifies both in Real Property Law Section 258: the quitclaim (Schedule G) uses the words remise, release, and quitclaim and carries no covenants, while the Deed with Full Covenants (Schedule A) carries five covenants, including the promise to forever warrant the title.
A New York general warranty deed, the Deed with Full Covenants (Real Property Law Section 258, Schedule A), carries five covenants: seisin, quiet enjoyment, freedom from incumbrances, further assurance, and the warranty of title. The warranty covenant, will forever warrant the title, is construed by Section 253 as a duty to warrant and forever defend the premises against all and every person or persons whomsoever lawfully claiming, including defects that arose before the seller owned the property.
New York codifies both. The full general warranty instrument is the Deed with Full Covenants (Real Property Law Section 258, Schedule A). In everyday residential practice, though, most transfers use the bargain and sale deed with covenant against the grantor's acts (Schedule E), whose single covenant is limited to acts the grantor personally did or suffered. A general warranty deed is available and enforceable but is used less often than the bargain and sale deed with covenant.
You record the signed, acknowledged 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, and the Richmond County Clerk records Staten Island deeds. New York follows a race-notice rule, so a deed recorded first generally defeats a later one; the TP-584 return and RP-5217 transfer report must be filed before recording.
New York does not require an attorney to prepare a deed, though real estate closings in New York are commonly handled with an attorney. Because a deed transfers title and a mistake in the legal description, the covenants, or the vesting can be expensive to fix, many people have the deed reviewed before recording. DocDraft prepares your New York deed from your facts, with attorney review available as an option before you record.
It must be acknowledged before a notary. Before a New York deed can be recorded, the grantor's signature has to 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 recording when the signature is not acknowledged.
Usually yes when the property is sold. New York imposes a real estate transfer tax of 2 dollars for each 500 dollars of consideration above 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. Bona fide gift conveyances without consideration can be exempt (Section 1405).
No. 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, so if the property is a marital home it is worth confirming how title is held and getting advice before signing.