Jennifer wants to transfer property in Albany to her two children, Amy and Brian, as joint tenants with right of survivorship. How should the deed be written in New York to create this ownership structure?
Correct Answer
D) "To Amy Johnson and Brian Johnson as joint tenants with right of survivorship"
In New York, to create a joint tenancy with right of survivorship, the deed must explicitly state 'as joint tenants with right of survivorship' or similar clear language indicating this intent. New York does not presume joint tenancy from ambiguous language and requires explicit expression of the survivorship right.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A quitclaim deed transfers whatever interest the grantor may have in a property without making any warranties or guarantees about the quality of title. It offers the least protection to the grantee.
Recording is the act of placing a document in the public records at the county recorder's office to give constructive notice to the world of an interest in real property. Recording protects the holder's interest against subsequent claims.
A special warranty deed guarantees that the grantor has not caused any title defects during their period of ownership, but does not warrant against defects that existed before the grantor acquired the property.
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In New York, what type of property interest does a cooperative apartment represent?
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- → David's condominium unit in Albany suffers water damage from a burst pipe in the common area. Under typical New York condominium arrangements, who is responsible for repairs to David's unit interior?
- → Under New York's recording system, what happens when two deeds for the same property are recorded on the same day?
- → Lisa owns a condominium unit and wants to rent it to tenants. The condominium bylaws contain restrictions on rentals. Under New York law, what is the general rule regarding an owner's right to rent their condominium unit?
- → Sarah purchases a condominium unit in Manhattan. As a New York condominium owner, what type of property interest does she hold in the unit itself?
- → Sarah purchased a home in Albany and received her deed on March 15th. She recorded the deed with the county clerk on April 2nd. Under New York recording law, when did Sarah's ownership become effective against third parties?
- → Mark owns a penthouse condominium unit in Manhattan that includes exclusive use of the rooftop terrace. He wants to install a hot tub on the terrace. The terrace is designated as a limited common element in the declaration. What approval does Mark need under New York law?
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- → Linda is purchasing a resale condominium unit in Yonkers. During the transaction, she discovers the seller owes three months of unpaid common charges. Under New York law, who is typically responsible for these unpaid charges at closing?
- → Jennifer Adams purchased a historic brownstone in Brooklyn, NY, with title insurance. One year later, the city claims a portion of her property for a street widening project that was authorized by a resolution passed two years before her purchase, but not recorded in the public records until after her purchase. The taking reduces her property value by $75,000. What is the most likely outcome regarding her title insurance coverage?
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Previous Question
Thomas conveys property in Staten Island to Maria using a full covenant and warranty deed. Three years later, Maria discovers that a utility company has an easement across the property that was created 20 years ago but was never recorded and Thomas was unaware of it. Under New York law, what recourse does Maria have?
Next Question
Peter executes a deed to convey his property in Syracuse to his daughter Linda, but he asks Linda not to record the deed until after his death for tax planning purposes. Linda agrees and keeps the deed in her possession for two years without recording it. During this time, Peter sells the same property to an innocent purchaser, Carlos, who pays fair value and immediately records his deed. Under New York recording law, who has superior title?