dliu1/legal-llama-raw-text huggingface dataset:
each  map  and  copy  thereof,  and  abstract  of  title  therewith  and
forwarding  copies of said map to the assessors, boards of assessors and
clerks of the towns and villages where the property therein described is
located, shall be ten dollars and be paid by the party  presenting  them
for  filing.  Failure to file any such map as required by the provisions
of this section shall subject the owner of such subdivision  or  of  the
unsold lots therein, to a penalty to the people of the state of New York
of  two  hundred  fifty  dollars for each and every lot therein sold and
conveyed by or for such owner prior to the due filing of  such  map  and
abstract of title as aforesaid. The requirements as provided for in this
section  may  be  applied  to  the  filing of each and every kind of map
submitted for filing which is not a subdivision map of real property, at
the discretion of the county clerk, and the filing fee  of  ten  dollars
shall be paid for the filing of any non-subdivision map so submitted.
2.  Every  such  subdivision  map  of  property in any of the towns of
Suffolk county located wholly or partly outside an incorporated  village
in  such  towns,  shall,  before  the  filing  thereof,  as hereinbefore
provided, have indorsed on the face thereof in writing the  approval  of
the  planning  board  of such towns, or in the towns not having planning
boards, the approval of the town board. Likewise, every such subdivision
map of property located wholly or partly within an incorporated village,
shall before the filing thereof, as hereinbefore provided, have endorsed
on the face thereof in writing the approval of  the  planning  board  of
such  village, or in a village not having a planning board, the approval
of the board of trustees. In addition, every  such  subdivision  map  of
property  in  any of the towns of the county of Suffolk, whether located
wholly or partly, inside or outside, an  incorporated  village  in  such
towns,  shall  before the filing thereof, as hereinbefore provided, have
endorsed on the face thereof in  writing  the  approval  of  the  county
department of health.
3.  Whenever at least two years have elapsed since the filing of a map
of the subdivision of any tract of land  into  lots,  plots,  blocks  or
sites,  with  or  without  opened  or  proposed roads, the owner of such
tract, or of any part thereof, may abandon and cancel the subdivision of
the property so owned by recording in the office of the county  clerk  a
written  certificate  of  abandonment,  duly  executed and acknowledged,
which shall contain a description of the property to be  abandoned,  the
complete  title  or  name  of  the  map, the filing date and file number
thereof, except that no opened or proposed  streets,  other  than  those
entirely  within the bounds of the property to be abandoned, or the area
within such bounds of streets which as laid out on said map  come  to  a
dead-end  within  such bounds, shall be abandoned unless each owner of a
lot or interest in the subdivision consents to the  abandonment  thereof
by  instrument  in writing duly executed, acknowledged and recorded with
the certificate of abandonment;  provided,  however,  that  whenever  at
least  twenty years have elapsed since the filing of said map, the owner
of the property to be abandoned may, without such consent,  abandon  any
streets  or  portions thereof shown on said map and which are within the
bounds of the property to be  abandoned  if  such  streets  or  portions
thereof are neither opened, nor public highways, nor used by the public,
nor  necessary  for  the  use  of owners, occupants or any other persons
having an interest in any part of the subdivision;  but  nothing  herein
shall  prevent an owner using or a seller of land from conveying part of
a lot, plot or site separately or together with an adjoining  lot,  plot
or  site, subject to the provisions of local zoning ordinances. Whenever
there is on file more than one map of the property to be abandoned, such
property must be abandoned in the manner herein provided as to  each  of
such maps.  A copy of each certificate of abandonment must be filed with
the  assessor andor board of assessors of each town and village wherein
any portion of the  property  to  be  abandoned  is  situated,  and  the
endorsement  of approval by each such assessor andor board of assessors
must be endorsed on the original of each certificate  presented  to  the
county  clerk  for recording. An abstract of title to the property to be
certificate of the county treasurer of Suffolk county to the effect that
there  are  no unpaid tax liens against such property, must be submitted
to the county clerk and be approved by him at the time  the  certificate
of   abandonment   and  cancellation  is  offered  for  recording.  Said
certificates and abstracts shall be filed in the county clerk's  office,
a  suitable index shall be kept of the same, and notice thereof shall be
endorsed by the recording officer upon the map therein  referred  to  at
endorsement of approval of the town or village assessor  above  referred
to  includes  a  recitation to the effect that the municipality has duly
municipal law which plan provides for  adequate  street  access  to  all
properties  within  and  adjacent to the planning area, and further that
abandonment  is  required  thereunder, the clerk shall accept and record
the certificate of abandonment tendered therefor regardless of the  area
thereof,  and  notwithstanding  that  the  property to be abandoned is a
portion of an opened or proposed street for which  the  consent  to  the
abandonment  thereof required in this subdivision has not been obtained.
Upon the abandonment of subdivided  property  as  herein  provided  such
purpose  of  reviving  or  making effective any other subdivision of the
filing.  Provided, however, that the Suffolk county board of supervisors
portion  thereof  which  the county of Suffolk now owns or may hereafter
county  clerk  of  Suffolk  county,  a  certificate of abandonment, duly
§  335-a.  Easements  of necessity. The owner of any lot, plot, block,
site or other parcel of real estate being a subdivision  or  part  of  a
subdivision  of any larger parcel or parcels of real property shown upon
a map of said parcel or parcels of real property and of its  subdivision
or  subdivisions,  filed  in  the  office  of the county clerk or of the
register of deeds of the county where the property is situated, prior to
the sale or conveyance of such lot, plot, block, site or  other  parcel,
or subdivision thereof by the seller thereof, upon which map any road or
street  is  indicated  or  shown  as giving access to or egress from any
public road or street to such lot, plot, block, site or other parcel  of
real  estate  thereon  indicated or to any part thereof, sold or granted
after such filing, and the owner of any lot, plot, block, site or  other
parcel  of  real  estate, the conveyance whereof shall specifically give
the right of access to or egress from the same by any  private  road  or
street  over  lands  belonging to the maker of such conveyance and which
road or street is described in such conveyance, may, when  necessary  to
the  enjoyment  of  the lot, plot, block or site or other parcel of real
estate so sold or conveyed and when the same is not bounded by a  public
road,  lay,  beneath  the roads or streets indicated and shown upon such
map or described in such conveyance as giving access to or  egress  from
any  public  road  to  such  property  so sold or conveyed as aforesaid,
wires, conduits, and water lines for the purpose of supplying  the  said
property  with electric light, telephone, and water service. Such wires,
conduits, or lines shall be laid only  on  condition  that  the  private
roads or streets on which the owner has the right of access to or egress
from  such  property  shall  be  restored as nearly as possible to their
original condition and that the person or persons entitled to the fee of
such private roads or streets or having an easement over the same  shall
be compensated for actual damage occasioned by the laying of such wires,
conduits, or lines.
Nothing  in this section shall be deemed to affect in any manner lands
acquired by the city of New York for  the  purpose  of  construction  or
development of its water supply system.
§ 335-b. Recording of solar energy easements. 1. Any easement obtained
for the purpose of exposure of a solar energy device shall be created in
writing  and  shall  be  subject to the same conveyancing and instrument
recording requirements as other easements.
2. Any instrument creating a solar energy easement shall include,  but
the contents shall not be limited to:
(a) The vertical and horizontal angles, expressed in degrees, at which
the  solar energy easement extends over the real property subject to the
solar energy easement.
(b) Any terms or conditions or  both  under  which  the  solar  energy
easement is granted or will be terminated.
(c)  Any  provisions  for  compensation  of  the owner of the property
benefiting from the solar energy easement in the event  of  interference
with  the  enjoyment of the solar energy easement or compensation of the
owner  of  the  property  subject  to  the  solar  energy  easement  for
maintaining the solar energy easement.
§  336.  Effect  of  recording  demands  or requirements of noncitizen
property custodian. The recording in any county  clerk's  or  register's
office  of  a  demand  or  requirement  against  real property described
therein, made by or on behalf of the noncitizen property custodian under
and pursuant to the trading with the enemy act  adopted  by  the  United
States  congress  and  approved  October  sixth,  nineteen  hundred  and
seventeen, or any act amendatory thereof or supplemental thereto, or any
executive order or proclamation issued in pursuance thereof,  when  duly
indexed against the name of the person or corporation whose property has
thereby  been demanded or required, shall have the same force and effect
as the making of, delivery and recording of a deed of such real property
or interest therein by such person or  corporation  to  said  noncitizen
property  custodian.  All  recitals  contained  in  any  such  demand or
requirement, and in any  deed  made  by  such  custodian  heretofore  or
hereafter  recorded  of  all  facts  required or permitted by said acts,
proclamations or executive orders to be  found  or  determined  by  said
noncitizen  property  custodian,  and  all  recitals  of  conclusions or
determinations  by  said  acts,  proclamations   or   executive   orders
authorized  to  be  made by such individual, and all recitals of acts or
things done by said custodian  or  agents  thereof  in  respect  to  the
seizure  of  said  property shall be evidence of the facts, conclusions,
determinations, acts and things so recited in any court of this state in
any action or proceeding affecting the title to  or  ownership  of  such
real  property.  Three  months  after  this section takes effect and the
recording of the instrument containing such  recitals,  the  same  shall
become   conclusive   evidence   of   all   such   facts,   conclusions,
determinations, acts and things as are so recited therein in any  action
in  any  court  affecting the title to or ownership of said land, unless
said action shall have been commenced  before  the  expiration  of  such
three months.
ARTICLE 9-A
SUBDIVIDED LANDS
Section 337.   Definitions.
337-a. Provisions governing sale or lease of subdivided lands.
337-b. Offering statement; contents; prohibitions.
337-c. Right to cancel.
338.   Inspection   power   of  department  of  state;  unlawful
practices; penalties.
339.   Filing fees.
339-a. Rules and regulations.
339-b. Powers of department.
339-c. Action by department of state.
§  337. Definitions. As used in this article: 1. The words subdivided
lands and subdivision mean vacant land or lands sold or leased on the
installment plan or offered for sale or lease  on  such  plan  and  also
vacant  land or lands situated outside the state of New York and sold or
leased or offered for sale or lease on the installment plan or upon  any
and all other plans, terms and conditions of sale or lease.
2.  The  word  subdivider  shall  include every person, partnership,
corporation, company or association who or  which  engages  directly  or
through  an  agent  in  the business of selling, leasing or offering for
sale or lease subdivided lands and subdivisions to the  public  in  this
3.  The  words  installment  plan  mean  any  plan,  arrangement  or
agreement pursuant to the terms, covenants and  conditions  whereof  the
proposed  purchaser of vacant land or lands to be acquired amortizes the
purchase price by periodic payments and whereby the conveyance of  title
to  the  purchaser  of  such vacant land or lands is deferred until such
time as all said periodic payments have been made and shall also include
the provision in a plan, arrangement or agreement or lease  requiring  a
consideration  from the lessee in addition to the periodic payments as a
condition precedent to the conveyance of title to the lessee.
4. The words a lease of land or lands on the installment  plan  mean
and  include  a  plan,  arrangement or agreement whereunder the periodic
payments made are designated as rent and upon  the  completion  of  such
payments  the  lessee is entitled to a conveyance of title to the vacant
land or lands leased.
5. The words fraudulent practice or fraudulent practices mean  any
device, scheme or artifice employed by a subdivider to defraud or obtain
money  or  property  by  means  of any false pretense, representation or
promise, or that a subdivider makes or attempts to  make  fictitious  or
pretended  purchases,  sales  or  leases  of vacant land or lands to the
public in this state, or engages  in  or  is  about  to  engage  in  any
practice  or transaction or course of business relating to the purchase,
sale or lease of  vacant  land  or  lands  which  is  fraudulent  or  in
violation  of  law  and  which  has operated or which would operate as a
fraud  upon  the  purchaser,  or  that  any  owner  or   subdivider   as
hereinbefore  defined  has  sold or offered for sale or is attempting to
sell or is offering for sale any vacant land or lands  in  violation  of
the provisions of this article.
§  337-a.  Provisions governing sale or lease of subdivided lands.  No
subdivider shall sell, lease, or offer for sale or lease to  the  public
within   this  state,  as  principal,  broker  or  agent  or  otherwise,
subdivided vacant lands or any  part  thereof,  unless  and  until  such
subdivider  shall have caused to be filed in the department of state (a)
an offering statement containing the information and  data  required  by
section  three hundred thirty-seven-b of this article, (b) such data and
information as the department may require as provided in  section  three
hundred  thirty-nine-b of this article and (c) a statement subscribed by
the subdivider and affirmed by  him  as  true  under  the  penalties  of
perjury, containing:
1. The name of such owner and subdivider,
2.  The  address of the principal office of such owner and subdivider,
wherever situated, and the address or addresses of the principal  office
and all branch offices of the owner and subdivider within this state, if
any,
3.  The  name  of  the  person,  partnership,  company, corporation or
association who or which acquired a legal or equitable title to the land
or lands for sale or lease and who or which will subdivide  vacant  land
or  lands  offered  for  sale  or lease for the purpose of offering such
subdivided vacant lands or any part thereof to the general public,
4. If such owner and subdivider be an  individual  or  individuals,  a
statement  of  their  respective  connections  during the preceding five
years with any person, partnership, corporation, company or  association
engaged  in  the business of selling or leasing subdivided vacant lands,
and the description of the last project or projects in subdivided vacant
lands, the whole or any part of which have been sold or offered for sale
or lease by such owner and subdivider,
5. If such owner and subdivider be a partnership, the names, residence
and business addresses of the partners,  including  special  or  limited
partners,  and  of  all other individuals participating as principals in
the profits of such business, specifying as to each the  nature  of  his
relation  to  such  business  and giving with respect to each all of the
information required by subdivision four of this section to be given  by
an owner and subdivider who is an individual,
6.  If  such  owner  and  subdivider  be  other  than an individual or
partnership, the name of the state  or  country  where  incorporated  or
organized,  and  the  names,  residence  and  business  addresses of its
principal officers, wherever located, and of  its  officers  and  branch
managers in this state, specifying as to each the nature of his relation
to such business, and giving with respect to each all of the information
required by subdivision four of this section to be given by an owner and
subdivider who is an individual,
7.  A  statement  as to whether such owner and subdivider, or, if such
owner and subdivider be other than an individual, whether  any  partner,
principal,  officer,  director  or  branch  manager  thereof,  has  been
convicted by a court of competent jurisdiction in any state  or  country
of any criminal offense in connection with any transaction involving the
sale  or  offer  for  sale  of subdivided lands, or has been enjoined or
restrained by order of any court of competent jurisdiction from  selling
or offering for sale subdivided vacant lands in any state or country, or
continuing any practices in connection therewith,
8. The complete description of the land offered for subdivision or any
part  thereof  by lots, plots, blocks or sites, with or without streets,
together with maps  certified  to  by  a  duly  licensed  land  surveyor
accompanied  by  a  certificate attached thereto showing the date of the
completion of the survey and of the making of the map and  the  name  of
the  subdivision  for  the  purpose  of identification of the subdivided
lands or any part thereof. Where subdivisions were surveyed  and  mapped
prior  to  March first, nineteen hundred thirty-six, a certified copy of
the map covering the property, on file in the office of the clerk of the
county  wherein the property is located, shall be deemed compliance with
the provisions herein.
9. A search of the title to the land,  accompanied  by  a  certificate
either  of an attorney and counselor at law duly licensed to practice in
the state of New York, or a certificate from a duly  incorporated  title
search  company  or  the certificate of an attorney and counselor at law
duly licensed to practice in the state wherein the  lands  are  situated
reciting  in  detail  all of the liens, encumbrances and clouds upon the
title to such land, and which defects of title, if any, render the title
to such land unmarketable,
10. The provisions, covenants, terms and conditions upon which  it  is
the  intention  of  the  owner  and  subdivider  to  sell  or lease such
subdivided land accompanied by proposed forms of contracts  contemplated
for execution and delivery upon the consummation of sales or leases,
11.  Such  other and further data and information as the department of
state  may,  in  its  discretion,  demand  to  be  executed  upon  forms
prescribed by it for filing pursuant to the provisions of this article.
§  337-b. Offering statement; contents; prohibitions. 1. Contents. The
offering statement shall contain  (a)  the  names,  addresses,  business
background of the subdivider, and if such subdivider is a partnership or
corporation, the names, addresses and business background of each of the
partners,  officers  and  principal  stockholders,  the  nature of their
fiduciary relationship and their financial relationship,  past,  present
and  future, to the subdivider; (b) a duly certified financial statement
of the assets and liabilities of the subdivider, as of a date  not  more
than three months prior to the date of the filing, in such detail as the
department  may  require;  (c) a description of the subdivision and each
unit or lot into which it has or will be divided, in such detail as  the
department  may  require;  (d)  the  material terms of any encumbrances,
liens and restrictions upon the subdivision and each such unit  or  lot;
(e)  data  and  information  concerning improvements, including streets,
water supply and sewerage  disposal  facilities,  in  existence  on  the
subdivision,   and   the   estimated   cost,   date  of  completion  and
responsibility for construction of improvements to  be  made  which  are
referred to in connection with the sale or lease or offering for sale or
lease  of  the  subdivision  or any unit or lot thereon; (f) each of the
terms and conditions under which each such unit or lot  is  offered  for
sale; and (g) such additional data and information as the department may
require  as being necessary or appropriate in the public interest or for
the protection of purchasers or lessees.
2. There may be  omitted  from  any  offering  statement  any  of  the
information  required  under  subdivision  one of this section which the
department may by rules and regulations designate as not being necessary
or  appropriate  in  the  public  interest  or  for  the  protection  of
purchasers.
3. Limitations. No offer to sell or lease subdivided lands by means of
advertisements  in periodicals or newspapers, or on television or radio,
or by motion picture  or  otherwise  shall  be  made  unless  each  such
advertisement  contains reference to the fact that an offering statement
has been filed with the department and that a copy of such statement  is
available, upon request, from the subdivider.
4.  Except  as provided in subdivision three of this section, no offer
of sale or lease of subdivided lands shall be made unless such offer  is
accompanied  by  a copy of the current offering statement filed pursuant
to this article.
5. The first page of the  offering  statement  and  the  face  of  all
advertising  and  literature  employed in the sale or lease or offer for
sale or lease of subdivided lands shall contain a  statement  in  easily
readable  print,  that the filing of the verified statement and offering
statement with the department of state does not constitute  approval  of
the  sale or lease or offer for sale or lease by the department of state
or any officer thereof, or that the department of state has in  any  way
passed upon the merits of such offering.
6.  No  sale  or  lease  of  subdivided  lands  shall  be  made unless
accompanied or preceded by the delivery to the prospective purchaser  of
an offering statement complying with the provisions of this section.
7.  No  change  or  amendment  of  an offering statement shall be made
unless a copy of such change or amendment has first been filed with  the
8.  The  subdivider,  within thirty days after the anniversary date of
the filing of an offering statement, shall file with the  department  of
state  a  new  current  and  up-to-date offering statement setting forth
therein all changes which have taken place  during  the  preceding  year
with  respect  to  any  and  all data and information required to be set
forth in such offering statement.  Only  a  current  offering  statement
shall  be  used  to  sell  or lease or offer to sell or lease any of the
subdivided lands.
9.  The  offering  statement  shall include the following statement in
easily readable capital letters of not less than nine-point type:   THE
OFFEROR  HAS FILED ADDITIONAL INFORMATION ON THIS LAND OFFERING WITH THE
DEPARTMENT OF STATE PURSUANT TO SECTION 337-A OF THE REAL PROPERTY  LAW.
THIS INFORMATION INCLUDES A DESCRIPTION AND MAPS OF THE PROPERTIES BEING
OFFERED;  A  CERTIFICATE  STATING  IN  DETAIL ALL LIENS, ENCUMBRANCES OR
CLOUDS UPON THE TITLE TO THE LAND; AND STATEMENTS OF ANY PRIOR  CRIMINAL
CONVICTIONS  OF  THE  PRINCIPALS MAKING THIS OFFERING WHICH INVOLVED THE
SALE OR  OFFERING  FOR  SALE  OF  SUBDIVIDED  LANDS.  INFORMATION  FILED