Real Property Law Flashcards
7 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 7 Real Property Law flashcards as text
Under New York law, which type of deed provides the LEAST protection to the grantee?
Answer: Quitclaim deed
A quitclaim deed conveys only whatever interest the grantor has, if any, with no warranties or covenants of title.
In New York, a mortgage is legally characterized as:
Answer: A lien on the property securing the debt
New York follows the lien theory of mortgages, meaning the borrower retains title and the mortgage creates only a lien in favor of the lender.
Under the New York Property Condition Disclosure Act as amended effective March 20, 2024, what is true for a seller of one-to-four family residential property?
Answer: The $500 credit option was eliminated; the seller must deliver a completed disclosure statement and may be held liable for failing to do so
The 2023 amendment (L.2023, effective March 20, 2024) repealed the $500 credit option in RPL 465(1). Sellers of one-to-four family residences must deliver the property condition disclosure statement, and a seller who fails to do so (or gives an inaccurate statement) faces liability; RPL art. 14 does not limit other existing remedies.
Which of the following best describes an easement appurtenant in New York?
Answer: An easement that runs with the land and benefits a dominant tenement
An easement appurtenant attaches to and runs with the dominant estate, automatically transferring with ownership of the benefited parcel.
Under New York's Race-Notice recording statute, a subsequent purchaser is protected only if they:
Answer: Pay valuable consideration and record without notice of prior conveyances
New York's recording act protects a subsequent purchaser for value who records first and takes without actual or constructive notice of prior unrecorded conveyances.
A tenant in New York holds over after the expiration of a one-year lease without the landlord's consent. The landlord may elect to treat this as:
Answer: Either a month-to-month tenancy or a new one-year tenancy
Under New York law, when a tenant holds over after a fixed-term lease, the landlord may elect to treat the holdover as either a month-to-month tenancy or bind the tenant to a new term equal to the original lease (up to one year).
In New York, the Statute of Frauds requires that a contract for the sale of real property must be:
Answer: In writing and signed by the party to be charged
New York's Statute of Frauds (GOL § 5-703) requires contracts for the sale of real property to be in writing and subscribed by the party to be charged.