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New York Property Records

Property Records in New York

New York is a large state with a vast, diverse population. Real estate varies immensely from the city, suburbs, and the seashore. With so many people and so much real estate, New York produces volumes of property records each year.

Property records in New York are essential for building, renovating, buying, and selling real estate, as well as other aspects of life that affect property ownership. They also come into play with legal issues and boundary disputes.

If you own property in New York, various agencies and offices will have many property records that describe your home and land and detail its value, zoning class, and tax rate. Property records may also show mortgages, liens, foreclosures, deeds, maps, and plans.

New York considers property records and land records to be the same thing. Keep reading to learn about New York property records, what they are, what information they contain, the different types, and how to search for them.

What Are Property Records in New York?

New York property records, also called New York land records, are legal documents that contain information about a piece of real property within the state. These records come in many different forms, collected and filed with different agencies and offices.

Property records contain a lot of information and come from many places. Some examples are mortgages, taxes, insurance, building permits, foreclosure auctions, and lienors. You can find a lot of information on property records, such as ownership history, property description, size, plats, maps, zoning, taxes, insurance, liens, foreclosures, and more.

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

  • Deeds
  • Liens
  • Tax Records
  • Ownership History
  • Mortgage Records
  • Foreclosures
  • Plat Maps
  • Detailed Property Description
  • Easements / Conveyances
  • Property Details
  • Lot size
  • Zoning
  • Boundary Lines
  • Property Address

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

Sources of Property Records in New York

If you are looking for NYC property records, you can use the ACRIS system to search and find them. Additionally, you can visit the Office of the City Register, where they maintain property records for the city (all five boroughs).

Throughout New York State, you can find records in the county clerk's office. The state has a handy search tool to find what you need. You could also search the New York State Archives for historical land records.

Other sources of property records in New York would be insurance companies, lenders, building inspectors, tax assessors' offices, and online repositories. To quickly and easily locate property records across the country, you could use the PropertyChecker website, which has millions of nationwide property records.

The Role of the Registry of Deeds

The Role of the Registry of Deeds

New York does not have a registry of deeds office. Instead, property records are filed and stored with the county clerk in the county where the property resides. New York City does have the Office of the City Register, where you can find records. If you buy or sell property and the deeds are not filed with the proper office, they will not be legal.

How Property Records are Maintained in New York

Property records are created in many ways. The lender will create those documents when you take out a mortgage to buy a house. The deed will have the lender's information on it and be filed with the county clerk's office. Any changes needed will have to be processed through the county clerk's office or the courts. Most records originate or are stored with the county clerk, but things like tax records will be found in the tax assessor's office. Building permits are maintained with the building inspector's office.

Registry of Deeds Locations in New York

You can find every county clerk's office in New York using the state's NYLandRecords.com website.

What are the Different Types of Property Records?

There are dozens of different types of property records containing various pieces of information about the property. Some of the details will overlap and repeat. The most common types of property records include:

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, 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.

Liens, Encumbrances, and Property Records 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

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:

Mortgage Liens
  • Obligations of Both Parties - The document should identify the parties as lenders and borrowers, then 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, the total repayable amount, and frequency of payments.
  • 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

Mechanic's Liens

Mechanic's liens are 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.

Mechanic's Liens

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.

Tax Liens

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.

Judgment Liens

How Liens Affect Property Records

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.

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 information about the property, such as an address, lot number, physical dimensions, and other identifying factors.
  • Property Owner - The property owner's name should appear in the document. The document may also specify the type of ownership of the land.
  • 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. The value is the base for calculating property tax and will appear in the record.
  • Payment Methods - The document may provide information on the accepted payment methods for taxes. The section may also show a history of payment amounts and dates if the property owner has made contributions.

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.

Historical Property Records

Historical property records show the chain of title and every owner from when the property was first owned. It can be interesting to see when and who purchased it and for how much. Historical records can indicate how much the property has increased or decreased in value over time.

Searching for Property Records

Searching for Property Records

Various professionals use property records to do their job. Examples include attorneys, real estate agents, appraisers, title companies, tax assessors, mortgage companies, real estate investors, and property managers. Public property records provide a lot of helpful information for these professions. Some of the ways to access and find property records are:

Online Property Record Search

You can search online for property records and will find many different options. Third-party services often harvest data to maintain property records repositories and portals. Be sure to only use ones that update the data regularly. When searching, enter your county, for example, Nassau County, NY property records, Orange County, NY property records, Sullivan County, NY property records, or Erie County, NY property records.

In-Person Property Record Search

Visiting the county clerk's office is another option. However, depending on how busy they are, you may have to wait for records. They might charge you a small fee for copies of records.

Using Property Record Indexes

You can find dozens of property indexes online, for example, the New York State Archives, which has historical land records.

Use State/County-Provided Tools

New York has a county-based search tool offering many different links to search portals to find property records of all different types. Some county websites also include search features to find records that way.

Utilizing Commercial Services

Using a commercial service like PropertyChecker makes sense. You can access millions of property records from all over the U.S. within seconds. It's fast and unlimited.

How to Search Property Records by Address

You can usually enter the full address in the tool's search bar and see the owner's information along with other details.

How to Search Property Records by Name

Many search tools, including PropertyChecker, allow you to search property records using the name of the current or past owner.

Understanding Property Ownership in New York

It's often imperative to find the owner of a piece of real property. To do so, you can use one of the tools listed above to search for the current property owner or a historical one.

What is the Chain of Title?

The chain of title refers to the record of all ownership transfers regarding a specific property. There should be no gap between owners. Someone must have owned it at all times. Before a real estate sale, the title company will perform a deep title search, looking for any title defects and breaks in the chain of title.

Ownership History and Transfers

Property is not always sold; it may be transferred to heirs or others for various reasons. Money may change hands during these transfers, but the property may also be gifted. Regardless of how it transfers, there should be records detailing the old and new ownership.

Property Descriptions and Boundaries in New York

You will see a legal description of the property in many of the property records that you encounter. This description clearly identifies it so anyone examining the property can confirm they are in the right place. The legal description will show 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 boundaries of the property 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 - It is a post-construction survey documenting all essential modifications concerning the completed project. It details any changes made.
  • Spot Survey - It is a survey of a building under construction that shows the foundation concerning the property lines.
  • Alta Survey - It 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 - It is a land survey that considers the earth's curvature and astronomical observations.
  • Lot Split Survey - It 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 and Resolutions

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.

Property Records and Real Estate Transactions in New York

Property Records and Real Estate Transactions in New York

Property records can help buyers and sellers of real estate. They contain so much information that you will always find something useful. Some situations when this comes into play are:

Buying Property: Due Diligence

Before buying any property, perform due diligence to protect yourself against any surprises down the road. With a simple property records search, you could find liens, mortgages, foreclosures, title defects (gaps in the chain of title), and other things that help you make an informed decision. You can also see how property taxes have increased over the years.

Selling Property: Providing Disclosure

Real estate sellers must offer potential buyers certain disclosures. They can do their own research online if they don't have the information readily available.

Title Searches and Insurance

Mortgage lenders require that you buy title insurance and carry homeowners insurance. Before closing, the title company will perform a title search to ensure there are no title defects. You must provide documentation that you have homeowners and title insurance in place. When a homeowners insurance company decides to insure your property, they can use property records to look for any issues beforehand.

Foreclosure and Property Records in New York

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.

Property Records and Property Values

Property values fluctuate over time and in different markets. These values provide a roadmap of the best times to buy and the best time to sell. Some of the ways property is valued are:

Assessments and Appraisals

When you buy a house, the lender will require that you purchase an appraisal. The appraiser will thoroughly inspect the property, compare it to similar home sales in the area, and create a full report showing the current value and why. Every year, counties, cities, and municipalities perform similar appraisals called assessments to set the tax rate for the county and charge each homeowner annual property taxes. These assessments produce many property records with very valuable information on them.

Property Records and Market Value

Some property records determine the fair market value of a property. Appraisals, assessments, and tax records will contain the market value of a property, and historical records will show how that value has changed over time.

The average property value in New York is $431,625. Westchester and Rockland Counties had the highest property values, while Allegany County had the lowest.

Factors that Determine Property Values in New York

  • Location - Location is usually important in property valuations, especially in New York. Property values can be considerably influenced by proximity to services, transportation alternatives, desirable areas, and iconic landmarks such as Central Park or Times Square.
  • Neighborhood Qualities - Different New York communities have distinct attributes that can influence property values. Property values are affected by the historic appeal, cultural diversity, local amenities, schools, safety, and community ambiance.
  • Housing Demand and Supply - Because New York is a global economic and cultural center, there is a high demand for housing. Property values can rise due to a lack of supply, particularly in heavily populated locations like Manhattan.

Privacy and Property Records

Privacy and Property Records

Property records are public records; anyone can access them and make copies. It's up to you to know what information is out there about you and your property.

Property records contain a lot of information, some of it personal, like your name, address, and other forms of contact (email/phone/etc.). You can minimize your personal information exposure by requesting that official agencies redact any personal information from property records.

Maintaining and Amending Property Records

Property records are created and maintained by humans, and people make mistakes. Sometimes, the information on public records becomes outdated and needs to be fixed.

Correcting Errors on Property Records

If you need to correct errors on property records, you will need to bring source documentation of the correction to the proper county clerk's office and request that they fix it.

Amending Property Records for Legal Changes

If you get married or divorced or someone dies, you may need to amend property records. Bring a copy of the marriage, divorce, or death certificate to show the county clerk when asking them to update the record. Bring everything you need to make the process quick and efficient.

How to Change the Name on Property Records in New York

If you purchased a property and then got married, you may need to change your name on the deed. You can bring your marriage certificate (or divorce, whatever the case) to the county clerk's office where the property is and request a name change. It should be a quick and easy transaction.

How Do I Update Property Records When Someone Dies?

When someone dies, you may need to bring source documents (such as the death certificate and new deed) to the county clerk's office to have them update their records to the new owner.

What Should I Consider When Buying a Property Using Property Records?

Property records can help you do a property title search to see historical owners and if there is any break in the title chain. You can also find liens, mortgages, foreclosures, or other legal issues with the property and avoid properties with problems. Use PropertyChecker to find out everything you can about a property before buying.

New York Property Records Search

New York Property Records Search