New York Quitclaim Deed Curing Encroachment

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Multi-State
Control #:
US-0607BG
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Description

An encroachment involves a situation where a property owner violates the property rights of his neighbor by building something on the neighbor's land or by allowing something to hang over onto the neighbor's property. Encroachment can be a problem along property lines when a property owner is not aware of his property boundaries or intentionally chooses to violate his neighbor's boundaries.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

To change a deed in New York City, you will need a deed signed and notarized by the grantor. The deed must also be filed and recorded with the Office of the City Register. Transfer documents identifying if any taxes are due must also be filed and recorded with the City Register.

To successfully convey property in New York, deeds must comply with the following requirements: Properly identify the seller (grantor) and buyer (grantee) Identify the consideration given (consideration is what is given in exchange for the property) Clearly state a granting clause such as ?I hereby grant . . .?

? Quitclaim deed must be written and signed by grantor before a notary public. ? Must include legal description, property address, county, date, grantor and grantee names, and transfer amount (if any). ? File the quitclaim deed with the County Clerk or City Registrar.

You must be 18 years of age or older. You must not have been removed from the Office of Notary Public or Commissioner of Deeds. You must be an attorney, an attorney's employee, someone serving a clerkship in a law office, or someone who is qualified to obtain a Certificate of Fitness from the Office of the City Clerk.

The document must be notarized any time a deed is required as part of a real estate transaction. This is the case for all deeds, regardless of the situation. While you should check which type of deed best suits your situation, you will need to have the deed notarized regardless.

Witnesses are not required on a deed or deed of trust. Deeds and deeds of trust require a full acknowledgment.

When you want to convey, or transfer, real property to someone else, either by sale, gift, or by court order, you must do so by using a written document that satisfies the requirements of the law in your state. This document is either a bargain and sale deed, a warranty deed, or a quitclaim deed.

A quitclaim transfers a property's title but any mortgage the grantor has will not transfer. This is particularly dangerous if the grantor's mortgage includes a due-on-sale clause, as the clause will require the grantor to pay the entire remaining balance of the mortgage once the title changes hands.

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New York Quitclaim Deed Curing Encroachment