Recording Definition (NY Real Estate Exam)

Direct answer

What does recording mean?

Recording is placing an eligible real estate document in the public land records maintained by the appropriate recording office.

Exam cue: New York is a race-notice state: under Real Property Law section 291, a later good-faith purchaser for value who records first can defeat an earlier unrecorded deed. Recording does not repair an invalid document.

What does it look like in a question?

Example

A deed is recorded with the county clerk after closing.

Common exam trap

What should you not confuse it with?

Delivery transfers the deed between the parties. Recording serves a different notice and priority function.

DeedA deed is a written instrument used to transfer an interest in real property.EasementAn easement is a nonpossessory right to use another person's land for a stated purpose.EncroachmentAn encroachment is a physical improvement that crosses a property line or intrudes into another protected area.Fee simpleFee simple is the broadest private ownership estate, potentially lasting indefinitely and subject to government powers and private restrictions.FixtureA fixture is an item that began as personal property but is treated as part of the real property because of attachment, adaptation and intent.Joint tenancyJoint tenancy is concurrent ownership that includes a right of survivorship when it is properly created.

Sources used3 references with section locators

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Recording

What does recording mean?

What does it look like in a question?

What should you not confuse it with?

Related property rights and title terms

Put the term back into its full subject.