NY Real Property Law Flashcards
6 cards from real NYLE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 NY Real Property Law flashcards as text
Under New York Real Property Law (RPL) § 291, what type of recording system does New York use?
Answer: A race-notice recording system
New York uses a race-notice recording system, meaning a subsequent bona fide purchaser for value prevails over a prior unrecorded interest only if the subsequent purchaser records first and had no notice of the prior interest.
Under New York law, what are the essential elements of adverse possession?
Answer: Possession that is hostile, under claim of right, actual, open and notorious, exclusive, and continuous for the statutory period
New York requires adverse possession to be hostile, under claim of right, actual, open and notorious, exclusive, and continuous for the statutory period of 10 years.
Under New York RPL § 235-b, what is the implied warranty of habitability?
Answer: A non-waivable warranty that residential premises are fit for human habitation and free from conditions dangerous to life, health, or safety
RPL § 235-b implies in every residential lease a warranty that the premises are fit for human habitation, in reasonable repair, and free from conditions dangerous to life, health, or safety.
Under New York law, what is required for a valid deed to transfer real property?
Answer: A writing signed by the grantor, a description of the property, identification of the grantee, and words of conveyance
A valid deed requires a writing signed by the grantor, a legal description of the property, identification of the grantee, and words of conveyance (granting clause).
Under RPAPL Article 7, what process must a landlord follow to evict a residential tenant in New York?
Answer: Serve proper notice, file a petition in court, obtain a judgment of possession, and have a marshal or sheriff execute the warrant of eviction
New York requires a formal summary proceeding under RPAPL Article 7: proper notice, court petition, hearing, judgment, and execution of a warrant of eviction by a marshal or sheriff. Self-help eviction is illegal.
Under New York law, what is a cooperative apartment (co-op) and how does ownership differ from a condominium?
Answer: In a co-op, the buyer purchases shares in a corporation that owns the building and receives a proprietary lease; in a condo, the buyer owns the individual unit as real property
In a co-op, the purchaser buys shares of stock in the cooperative corporation and receives a proprietary lease for their unit. In a condominium, the purchaser owns the individual unit as real property with a deed.