N.Y. Real Property Law 291-A – Recording conveyances of land in towns in Chautauqua county; duties of county and town clerks
§ 291-a. Recording conveyances of land in towns in Chautauqua county; duties of county and town clerks. 1. Every deed and will relating to real property in Chautauqua county, outside the cities of Jamestown and Dunkirk, and every judicial decree establishing the right of inheritance to real property within Chautauqua county shall, before the same be hereafter recorded in the office of the clerk of Chautauqua county be presented to the clerk of said county together with a carbon copy or copies of the substance thereof, equal to the number of townships of the said county in which land is conveyed by the instrument. Such copy or copies shall set forth the date, consideration, the names of the grantors and grantees, the mail address of the grantee and a description of the property conveyed as set out in the instrument of conveyance.
Terms Used In N.Y. Real Property Law 291-A
- 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. See N.Y. Real Property Law 290
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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. See N.Y. Real Property Law 290
- 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. See N.Y. Real Property Law 290
Such copy or copies of an instrument of conveyance of land within the county of Chautauqua, outside the cities of Jamestown and Dunkirk, shall be retained by the clerk of the said county until the first day of the month succeeding the date on which it was received, and he thereafter shall transmit immediately all such copies received by him during the preceding month to the clerks of the towns in which such conveyances have occurred. Hereafter the clerk of Chautauqua county or any subordinate in the office of such clerk of Chautauqua county who shall record any instrument of conveyance of real property without receiving and transmitting to the town clerk of the town concerned, a copy thereof as provided herein shall be guilty of a misdemeanor. At the time a conveyance is offered for record a fee of twenty-five cents shall be paid to the county clerk in addition to any other moneys required to be paid to entitle the deed to be recorded.
The town clerks in each of the towns of Chautauqua county outside the cities of Jamestown and Dunkirk, shall enter the copies of conveyances and all appurtenant data so received from the clerk of Chautauqua county in a record book to be provided and kept for such purpose. Such book and the records contained therein shall be open to public inspection and shall be used by the local assessors in making assessments.
2. Any deed or instrument of conveyance relating to real property within the towns of Chautauqua, North Harmony, Ellicott, Ellery, Westfield and Busti or the village of Celoron, Chautauqua county, that for the first time conveys an interest in a paper street located within either such town or village to any grantee other than a not-for-profit corporation incorporated pursuant to the laws of this state or similar association or to a municipal corporation, notwithstanding the fact that such deed or instrument shall have been recorded by the clerk of the county of Chautauqua, shall be considered a nullity and given no force and effect unless accompanied by a resolution of the town board of the town or of the board of trustees of the village within which such paper street is located authorizing that such deed or instrument be recorded. For the purposes of this subdivision, a paper street shall mean a street that was designed in a subdivision map when originally filed but which was never subsequently developed or used as a public way.