NYLE NY Real Property Law 2

Question 1

Under New York Real Property Law (RPL) § 291, what type of recording system does New York use?

Accepted Answer

A race-notice recording system

Answer

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.

Question 2

Under New York law, what are the essential elements of adverse possession?

Accepted Answer

Possession that is hostile, under claim of right, actual, open and notorious, exclusive, and continuous for the statutory period

Answer

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.

Question 3

Under New York RPL § 235-b, what is the implied warranty of habitability?

Accepted Answer

A non-waivable warranty that residential premises are fit for human habitation and free from conditions dangerous to life, health, or safety

Answer

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.

Question 4

Under New York law, what is required for a valid deed to transfer real property?

Accepted Answer

A writing signed by the grantor, a description of the property, identification of the grantee, and words of conveyance

Answer

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).

Question 5

Under RPAPL Article 7, what process must a landlord follow to evict a residential tenant in New York?

Accepted 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

Answer

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.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE NY Real Property Law 2