§ 290 — Definitions; effect of article

New York § 290

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 9: Recording Instruments Affecting Real Property

Text

§ 290. Definitions; effect of article. 1. The term "real property," as\nused in this article, includes lands, tenements and hereditaments and\nchattels real, except a lease for a term not exceeding three years.\n 2. The term "purchaser" includes every person to whom any estate or\ninterest in real property is conveyed for a valuable consideration, and\nevery assignee of a mortgage, lease or other conditional estate.\n 3. The term "conveyance" includes every written instrument, by which\nany estate or interest in real property is created, transferred,\nmortgaged or assigned, or by which the title to any real property may be\naffected, including an instrument in execution of a power, although the\npower be one of revocation only, and an instrument postponing or\nsubordinating a mortgage lien; except a will, a lease for a term not\nexceeding three years, an executory contract for the sale or purchase of\nlands, and an instrument containing a power to convey real property as\nthe agent or attorney for the owner of such property.\n 4. The term "recording officer" means the county clerk of the county,\nexcept in a county having a register, where it means the register of the\ncounty.\n 5. "Recording" or "recorded" means the entry, at length, upon the\npages of the proper record books in a plain and legible hand writing, or\nin print or in symbols of drawing or by photographic process or partly\nin writing, partly in printing, partly in symbols of drawing or partly\nby photographic process or by any combination of writing, printing,\ndrawing or photography or either or any two of them, or by an electronic\nprocess by which a record or instrument affecting real property, after\ndelivery is incorporated into the public record. "Recording" or\n"recorded" also means the reproduction of instruments by\nmicrophotography or other photographic process on film which is kept in\nappropriate files.\n 6. "Electronic" means of or relating to technology having electrical,\ndigital, magnetic, wireless, optical, electromagnetic or similar\ncapabilities.\n 7. "Electronic record" means information evidencing any act,\ntransaction, occurrence, event or other activity, produced or stored by\nelectronic means and capable of being accurately reproduced in forms\nperceptible by human sensory capabilities.\n 8. "Electronic signature" means an electronic sound, symbol, or\nprocess, attached to or logically associated with an electronic record\nand executed or adopted by a person with the intent to sign the record.\n 9. "Paper document" means a document in a form that is not electronic.\n 10. "Digitized paper document" means a digitized image of a paper\ndocument that accurately depicts the information on the paper document\nin a format that cannot be altered without detection.\n 11. "Wet signature" means a signature affixed in ink or pencil or\nother material to a paper document.\n 12. This article does not apply to leases for life or lives, or for\nyears, heretofore made, of lands in either of the counties of Albany,\nUlster, Sullivan, Herkimer, Dutchess, Columbia, Delaware or Schenectady.\n