dliu1/legal-llama-raw-text huggingface dataset:
§ 290. Definitions; effect of article. 1. The term 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.
2. The term purchaser includes every person to whom  any  estate  or
interest  in real property is conveyed for a valuable consideration, and
every assignee of a mortgage, lease or other conditional estate.
3. The term 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.
4. The term recording officer means the county clerk of the  county,
except in a county having a register, where it means the register of the
county.
5.  Recording  or  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.  Recording   or
recorded    also    means   the   reproduction   of   instruments   by
microphotography or other photographic process on film which is kept  in
appropriate files.
6.  Electronic means of or relating to technology having electrical,
digital,  magnetic,  wireless,  optical,  electromagnetic   or   similar
7.   Electronic   record   means  information  evidencing  any  act,
transaction, occurrence, event or other activity, produced or stored  by
electronic  means  and  capable  of being accurately reproduced in forms
perceptible by human sensory capabilities.
8. Electronic  signature  means  an  electronic  sound,  symbol,  or
process,  attached  to or logically associated with an electronic record
and executed or adopted by a person with the intent to sign the record.
9. Paper document means a document in a form that is not electronic.
10. Digitized paper document means a  digitized  image  of  a  paper
document  that  accurately depicts the information on the paper document
in a format that cannot be altered without detection.
11. Wet signature means a signature affixed  in  ink  or  pencil  or
other material to a paper document.
12.  This  article  does not apply to leases for life or lives, or for
years, heretofore made, of lands in either of the  counties  of  Albany,
Ulster, Sullivan, Herkimer, Dutchess, Columbia, Delaware or Schenectady.
§ 291. Recording of conveyances. A conveyance of real property, within
the  state, on being duly acknowledged by the person executing the same,
or proved as required by this chapter, and such acknowledgment or  proof
duly  certified  when  required  by this chapter, may be recorded in the
office of the clerk of the county where such real property is  situated,
and such county clerk or city registrar where applicable shall, upon the
request  of any party, on tender of the lawful fees therefor, record the
same in said office. Every such conveyance not so recorded  is  void  as
against any person who subsequently purchases or acquires by exchange or
contracts  to purchase or acquire by exchange, the same real property or
any portion thereof, or  acquires  by  assignment  the  rent  to  accrue
therefrom  as  provided  in  section  two  hundred ninety-four-a of this
article, in good faith and for a valuable consideration, from  the  same
vendor  or assignor, his distributees or devisees, and whose conveyance,
contract or assignment is first duly recorded, and is  void  as  against
the lien upon the same real property or any portion thereof arising from
payments  made  upon  the  execution  of  or  pursuant to the terms of a
contract with the same vendor, his distributees  or  devisees,  if  such
contract   is   made   in   good  faith  and  is  first  duly  recorded.
Notwithstanding the foregoing, any increase in the principal balance  of
a  mortgage lien by virtue of the addition thereto of unpaid interest in
accordance with the terms of the mortgage shall retain the  priority  of
the  original  mortgage  lien  as  so  increased  provided that any such
mortgage instrument sets forth its terms of repayment. The clerk of  the
county  or  city  registrar  where  such  conveyance of residential real
property is recorded and maintained shall mail a written notice of  such
conveyance  to  the  owner  of record. The notice shall have the heading
printed in 20 point bold type and read as follows:
NOTICE OF SALE OR TRANSFER OF OWNERSHIP OF YOUR RESIDENTIAL PROPERTY.
To:______________________________
Name of owner of record
Our records show that you are listed as the current owner of record  for
residential property:
Block #__________  Lot #________
Located At: ___________________________
in the county of __________________ New York
On ____________, documents were filed at this
office to change ownership and transfer title of your property.
To: ______________________________
name of new owner
If  you  have any questions regarding the validity of the documents, and
wish to dispute the recording of the transfer, you should  obtain  legal
counsel.  If  you  believe  you  are a victim of a crime related to this
recording, contact your local law enforcement agency or, if in the  City
of New York, the office of the sheriff.
The  party seeking to record such conveyance shall bear the cost of such
written notice. The clerk of the county or city registrar is entitled to
charge a reasonable fee to cover the cost of mailing the envelope to the
owner of record. Failure to mail such notice or the failure of any party
to receive the same, shall not affect the validity of the conveyance  of
the property.
§  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.
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.
§ 291-b. Recording conveyances of land in towns in Cattaraugus county;
duties  of  county and town clerks. Every deed and will relating to real
property  in  Cattaraugus  county,  outside  the  cities  of  Olean  and
Salamanca,   and   every  judicial  decree  establishing  the  right  of
inheritance to real property within Cattaraugus county shall, before the
same be hereafter recorded in the office of  the  clerk  of  Cattaraugus
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. Such copy or copies of an  instrument  of  conveyance  of
land  within  the county of Cattaraugus, outside the cities of Olean and
Salamanca, 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 Cattaraugus county  or
any  subordinate  in  the office of such clerk of Cattaraugus 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 a 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 Cattaraugus county outside the
cities of Olean and Salamanca, shall enter the copies of conveyances and
all appurtenant data so received from the Clerk of Cattaraugus 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
§ 291-c. Recording memoranda of leases.  In lieu of the recording of a
lease  for a term exceeding three years, pursuant to section two hundred
ninety-one of this chapter, there may be recorded  with  like  effect  a
memorandum of such lease, executed by all persons who are parties to the
lease,  and  acknowledged  or  proved,  and  certified, in the manner to
entitle a conveyance to be recorded. A memorandum of lease thus entitled
to be recorded shall contain at least  the  following  information  with
respect  to the lease: the name of the lessor and the name of the lessee
and the addresses, if any, set forth in the lease as addresses  of  such
parties;  a  reference  to  the  lease,  with  its  date of execution; a
description of the leased premises in the form contained in  the  lease;
the  term  of  the  lease, with the date of commencement and the date of
termination of such term, and if  there  is  a  right  of  extension  or
renewal,  the maximum period for which or date to which the lease may be
extended or the number of times or date to which it may be renewed,  and
the  date  or  dates  on  which  such rights of extension or renewal are
exercisable.
Whenever a memorandum of lease is presented for recording,  the  lease
shall  also  be  submitted  to  the recording officer for the purpose of
examination to determine whether or not  such  memorandum  of  lease  is
subject  to  the  tax on mortgages provided by article eleven of the tax
§  291-cc.  1.  Recording  modifications  of  leases. Where a lease or
memorandum of such lease has  been  recorded,  an  unrecorded  agreement
modifying  such  lease  or  memorandum  is  void as against a subsequent
purchaser in good faith  and  for  a  valuable  consideration,  and  the
possession of the tenant shall not be deemed notice of the modification,
unless the agreement of modification or a memorandum thereof is recorded
prior  to  the  recording  of  the  instrument  by  which the subsequent
purchaser acquires his estate or interest.
2. A memorandum of an agreement modifying a  lease  shall  contain  at
least the following information with respect to the agreement: the names
of  the parties and the addresses, if any, set forth in the agreement; a
reference  to  the  agreement  with  its  date  of  execution;  a  brief
description  of  the  leased premises in form sufficient to identify the
same; any changes made by the agreement in the term of the lease and the
date of the termination of the lease as modified, and any changes in the
provisions of the lease as to the rights of extension or renewal.
3. For the purpose of this section the  word  purchaser  includes  a
person who purchases or acquires by exchange or contracts to purchase or
acquire  by  exchange  the leased premises or the real property of which
the leased premises are part or  any  estate  or  interest  therein,  or
acquires by assignment the rent to accrue from tenancies or subtenancies
thereof in existence at the time of the assignment.
§  291-d. Recording of master forms of mortgage covenants and clauses;
incorporation thereof by reference. 1. An instrument containing  a  form
or   forms  of  mortgage  covenants,  conditions,  obligations,  powers,
releases, and other clauses  may  be  recorded  in  the  office  of  the
recording  officer  of  any  county and such recording officer, upon the
request of any person, on tender of  the  lawful  fees  therefor,  shall
record  the  same  in  his  said  office. Every such instrument shall be
entitled on the face thereof as a Master form recorded by ....... (name
of person causing the instrument to be recorded). Such instrument  need
not be acknowledged or proved or certified to be entitled to record.
2.  When  any such instrument is recorded, the clerk or register shall
index such instrument under the name of the  person  causing  it  to  be
recorded  in  the manner provided for miscellaneous instruments relating
to real property.
3. Thereafter any of the provisions of such master form instrument may
be incorporated by reference in any conveyance of real property situated
within the state, if such reference in the conveyance  states  that  the
master  form  instrument  was  recorded  in  the  county  in  which  the
conveyance is offered for record, the date when and the office, book and
page or pages where such master form instrument was recorded, and that a
copy of  such  master  form  instrument  was  furnished  to  the  person
executing  the  conveyance. The recording of any conveyance which has so
incorporated by reference therein any of the provisions of a master form
instrument recorded as provided in this section shall have  like  effect
as  if  such  provisions of the master form so incorporated by reference
had been set forth fully in the conveyance.
4. Whenever an instrument of conveyance is presented for recording  on
which  is  set  forth  matter purporting to be a copy or reproduction of
such master form instrument or of part thereof, identified by its  title
as provided in subdivision one of this section and stating the date when
it  was  recorded  and  the  county,  office, book and page where it was
recorded, preceded by the words do not record or not to be  recorded,
and  plainly  separated from the matter to be recorded as part of the
conveyance, in such manner that it will not appear upon  a  photographic
reproduction  of  any  page  containing any part of the conveyance, such
matter shall not be recorded by the county clerk or register to whom the
instrument is presented for recording; in such case the county clerk  or
register  shall  record  only  the conveyance apart from such matter and
shall not be liable for so doing, any other provisions  of  law  to  the
contrary notwithstanding.
5.  For  the  purposes  of  any  provision of law relating to fees for
recording, entering or indexing of conveyances, or relating to searches,
furnishing of certified copies, reproduction by photographic  method  or
otherwise,  or  destruction,  or  to  any other matter pertaining to the
powers and duties of recording officers  with  respect  to  conveyances,
except  manner  of indexing thereof, the master form instrument provided
for in subdivision one of this section shall be deemed a conveyance.
§ 291-e. Exceptions, reservations and recitals referring to unrecorded
conveyances  and  contracts  for  sale of real property. 1. This section
applies to any language, contained in a conveyance of real  property  in
this  state, which (a) excepts or reserves a part or any or all parts of
the described premises which have  been  or  may  have  been  previously
conveyed,  or  previously  contracted  to  be  sold or exchanged, by the
grantor or by a previous owner, or  (b)  otherwise  indicates  that  the
premises  or  some  part  or  parts  thereof  have been or may have been
previously conveyed or that  a  contract  has  been  or  may  have  been
previously  made  for  the sale or exchange of all or some part or parts
thereof, or (c) indicates that only such part of the premises  described
is  intended to be conveyed as the grantor, or a previous owner, has not
previously  conveyed  or  has  not  previously  contracted  to  sell  or
exchange,  and, in any of the cases described in this subdivision, fails
to identify the premises previously conveyed or contracted to be sold or
exchanged in any other manner than by indicating that  a  conveyance  or
contract  has previously been made or indicating the fact or possibility
that one or more conveyances or contracts have been  or  may  have  been
previously made.
2.  An  exception, reservation or recital described in subdivision one
of this section is (a) void as against a subsequent  purchaser  in  good
faith  and  for a valuable consideration, who has no other notice of the
identity of the premises to which it refers, and (b) ineffective to give
notice to such  subsequent  purchaser  of  the  previous  conveyance  or
contract  so  referred  to  or  create  any duty of inquiry with respect
thereto, unless, in either case, such previous conveyance or contract is
sufficient to identify the premises to which the exception,  reservation
or recital refers and is recorded as provided in this article before the
recording  of  the instrument by which the subsequent purchaser acquires
his estate or interest.
3. For the purposes of this section,
(a) Purchaser  includes  a  person  who  purchases  or  acquires  by
exchange  or  contracts  to  purchase  or  acquire  by exchange the same
premises or any portion  thereof  or  estate  or  interest  therein,  or
(b) Contract for sale includes an option to purchase or lease.
(c)  A  lease,  or a contract or option, is recorded when a memorandum
thereof is recorded as provided in section two hundred  ninety-one-c  or
section two hundred ninety-four of this chapter.
(d)  The  recording  of  a  contract or option, or memorandum thereof,
pursuant  to  section  two  hundred  ninety-four  of  this  chapter,  is
effective  up  to  and  including  the thirtieth day after the day fixed
therein for the conveyance of title, or the thirtieth day after the last
day fixed therein for the exercise of the option, provided,  that  if  a
written  declaration  of the exercise of the option has been recorded as
provided in subdivision seven of section two  hundred  ninety-four,  the
recording  of the option is effective to and including the thirtieth day
after the last day fixed  pursuant  to  the  option  agreement  for  the
conveyance  of  title or the execution and delivery of the lease, as the
case may be. An agreement extending  the  time  for  the  conveyance  of
title, acknowledged or proved, and certified, in the manner to entitle a
conveyance  to  be recorded, may be recorded, and the recording shall be
effective up to and including the thirtieth day after the day  fixed  by
such agreement for the conveyance of title.
4.  This  section  shall  not  impair  the  effect  of  an  exception,
reservation or recital to limit any  warranty  of  the  grantor  in  the
conveyance in which it is contained.
5.  This  section  shall  apply  where  the  instrument  by  which the
subsequent purchaser acquires his estate or interest is executed  on  or
after  September  first,  nineteen  hundred sixty, except that where the
conveyance containing an exception, reservation or recital described  in
subdivision  one  of  this  section was executed before September first,
nineteen  hundred  sixty,  this  section  shall  apply  only  where  the
instrument  by  which  the  subsequent  purchaser acquires his estate or
interest is executed on  or  after  September  first,  nineteen  hundred
Sixty-one.
§ 291-f. Rights where recorded mortgage restricts landlord's action in
respect  to leases.   An agreement, referring to this section, contained
in a recorded mortgage of real property, or  in  a  recorded  instrument
relating  to  such  mortgage, restricting the right or power, as against
the holder of the mortgage without his consent,  of  the  owner  of  the
mortgaged   real   property  to  cancel,  abridge  or  otherwise  modify
tenancies, subtenancies, leases  or  subleases  of  the  mortgaged  real
property  in  existence  at  the  time  of  the  agreement, or to accept
prepayments of instalments of  rent  to  become  due  thereunder,  shall
become  binding  on  a  tenant or subtenant after written notice of such
agreement, accompanied by a copy of  the  text  thereof;  and  any  such
cancellation,  abridgement,  modification  or  prepayment  made  by such
tenant or subtenant, after such written notice, without the  consent  of
the holder of such mortgage, shall be voidable as against the holder, at
his  option.  The  recording  on  or  after July first, nineteen hundred
sixty, of any such mortgage or instrument relating thereto shall for the
purposes of this section  be  in  itself  a  sufficient  notice  of  the
restrictive  agreement  to  any  tenant  or  subtenant  who,  after such
recording,  acquires  by  assignment,  whether  the  assignment  is   by
instrument  or  by  operation of law, a leasehold estate in existence at
the time of the restrictive agreement. This section shall not apply  (1)
to  any  tenancy,  subtenancy,  lease  or  sublease  primarily  for  the
residential purposes of the owner of the leasehold estate, or (2) to any
tenancy, subtenancy, lease  or  sublease  having  at  the  time  of  the