How to Access Property Records in New York

What Information Can You Find in New York Property Records?

Some of the most common types of property records in New York include the following:

All the property records combined will show even more information than what is listed above.

Deeds and Conveyance Records

Deeds transfer ownership of real property. They contain a lot of information, including the buyer's and seller's (grantor and grantee) name and address, as well as conveyance language transferring ownership. Deeds also contain information about lienholders, easements, and restricted use. When signing deeds, they must be notarized to be legal. Deeds detail the amount of protection or warranty the buyer agrees to when purchasing the property.

Property Tax Records

Property tax records are extremely common. They come from tax bills and assessments and show the property address, description, size, lot number, parcel identification, zoning class, tax rate, and any unpaid or late taxes. They also show the home's assessed value, which in New York is equal to the fair market value (FMV).

Information in a standard tax record in New York includes:

• Property Information - The document may include the property's address, lot number, physical dimensions, and other identifying factors.
• Property Owner - The document should include the property owner's name and specify the land ownership type.
• Tax Rate - Each property falls under a different taxing jurisdiction with a set budget. Each jurisdiction sets a tax rate based on the number of taxable properties to meet the budget. The tax rate should appear in the document.
• Exemptions - The document will outline any exemptions the property falls under, for example, the Senior Citizens Exemption.
• Assessed Value - The local assessors determine the value of a property through an assessment. This value is used to calculate property tax and will appear in the record.
• Payment Methods - The document may provide information on the accepted payment methods for taxes. If the property owner has made contributions, this section may also show a history of payment amounts and dates.

Property Liens and Encumbrances in New York

Liens are an important topic related to property records. There are a few different types of liens to familiarize yourself with.

Voluntary Liens

Voluntary liens are those that you control. You willingly choose to use your home as collateral to secure a loan. The lender puts a lien on the property to protect itself, and if you default on the loan, they can foreclose and sell it to get their money back.

• Mortgage Liens - When you buy a property with a mortgage, your lender will put a lien on the deed. That means if you default on your payments, they can use foreclosure to seize and sell your house to get their money back. When you sign the promissory note, you agree to these terms.

  If a homeowner refuses to pay a contractor or creditor, they too can put a lien on the home, which could result in foreclosure, and the house could be sold at auction. Liens are also used when a homeowner fails to pay their taxes or local public services.

  A standard mortgage document contains the following details:

  • Obligations of Both Parties - The document should identify the parties as lenders and borrowers and outline their responsibilities.
  • Legal Description - The document may provide a legal description of the property. If not, it will identify the property by address, lot number, and other identifiers.
  • Loan Terms - The document may include the loan terms, such as the amount borrowed, interest rate, total repayable amount, and payment frequency.
  • Penalties - The document will outline penalties in case of late payment or failure to meet obligations.
  • Signatures - The record must have signatures from both parties for validity.

Involuntary Liens

Involuntary liens are those over which you have no control. They are imposed because of a debt you owe. There are three types of involuntary liens. They are as follows:

• Mechanic's Liens - A mechanic's lien is when a homeowner fails to pay a contractor, laborer, or other person working on the property for completed work or supplied materials. The contractor or worker has the legal right to file a lien on the property and then sue the homeowner. The lien is a legal process for them to get paid.
• Tax Liens - If a homeowner does not pay their property taxes, the tax assessor's office can put a lien on the home. Eventually, if the taxes go unpaid, the county can foreclose and auction off the house to the highest bidder. Tax liens are very serious, and you should try to avoid them at all costs.
• Judgment Liens - If you don't pay a creditor (like a credit card company), they can put a lien on your property or personal property so they can get paid. Judgment liens in New York are judicial and include a lawsuit, which means you must show up in court to fight it.

Liens can make it very difficult to buy or sell property. However, if a lien leads to foreclosure, a real estate investor could cheaply pick up a piece of property and then sell it for a profit. Liens indicate whether the property has any debt issues. You can find liens on deeds, in taxes, and other property records.

The Process of Property Liens in New York

The process of filing a property lien in New York depends on the type of lien. Here is an example of how to file a mechanic's lien in the state:

• New York does not require contractors and suppliers to serve a preliminary notice to the owner before filing the lien. Therefore, the first step is filing the lien form. The lien form should indicate the property owner's name, a standard or legal description of the property, the claimant's name and details, the amount owed, and the work dates.
• The next step could be serving the lien to the property owner, depending on the claimant's choice. State laws require the claimant to send a copy of the lien either five days before filing or 30 days after filing. The state accepts different serving methods, including by mail in person or posting it on the job site during peak hours.
• The third step is filing the lien at the County Clerk's Office. It must be the county where the owner has registered the property. Clerk offices have different filing requirements and fees. Therefore, claimants should call to determine the requirements. The deadline to file the lien is anywhere before eight months from the last day of furnishing or supplying. However, if it is a single-family home, it must be within four months.
• The claimant must file an affidavit of service within 35 days of filing the claim. With this step complete, the claimant can enforce the lien.

Easements and Covenants

Some properties include easements, which are legal rights granted to someone (other than the owner) to access the property. An example might be a wireless company that has towers on private property. They may enter to maintain the towers without the current owner's approval. Easements will show on the deed and in other paperwork.

Condo owners especially will have covenants dictating how they can and cannot use their property. These might restrict the use of holiday lights or outside decorations in any common area. Some smaller housing communities also have covenants.

Plats and Surveys

Other types of property records are plats and surveys. Plats are maps that show the boundaries of all neighboring properties, including the one in question. Surveys show only the boundaries of a specific property. These come in handy with property line disputes.

Property Descriptions and Boundaries in New York

Many property records contain a legal description of the property. This description clearly identifies the property so anyone examining it can confirm they are in the right place. The legal description appears on the deed, mortgage documents, foreclosures, and tax records.

Surveys and Land Measurements

Surveys are to measure land and establish legal boundaries. They are used before the sale and development of land. Surveys may also be used in boundary disputes or other legal land matters. Surveyors use specialized equipment to map the property's boundaries and mark boundary lines.

Because the property surveys are done privately, the documents differ in content and structure. In addition, different types of property surveys differ in content. The following are the types of surveys that may be conducted within New York:

• As-Built Survey - is a post-construction survey documenting all essential modifications concerning the completed project. It details any changes made.
• Spot Survey - This survey of a building under construction shows the foundation concerning the property lines.
• Alta Survey - This is a boundary survey that meets the specific norms and regulations of the American Land Title Association (ALTA) and the American Congress on Surveying and Mapping (ACSM). Many title insurance companies may require this survey, which is most commonly utilized for commercial properties.
• Geodetic Survey - A land survey considers the earth's curvature and astronomical observations.
• Lot Split Survey - This is required when dividing an existing parcel of land into two or more portions. All lot split surveys include a plat of the new parcels and the appropriate legal description to record the split. To acquire accurate quotations, surveyors include the original parcel's size and the proposed new parcel(s) in the document.

Boundary disputes are pretty common. One person believes that another is encroaching upon their land. In New York, these issues are resolved in court. Each side may use surveyors, plats, maps, and other documents as evidence to prove their case.

Foreclosures

Foreclosures also show up in public property records in New York. Real estate investors look for distressed properties being sold for less than fair market value. If a house is in foreclosure, find out why before you buy.