Types of Deeds in New York. What they are and how to file them.

The types of deeds in New York for transferring real property are:

• Full Covenant and Warranty Deed
  • warrants that:
    • The grantor is the owner in fee simple and has the right to convey the property
    • The grantee can enjoy the property quietly
    • The property is free from encumbrances unless specifically identified in the deed
    • The grantor will execute or procure any further necessary assurance of the title to the property
    • The grantor will forever warrant title to the property
• Bargain and Sale Deed without covenant against grantor:
  • Grants and assigns forever to the grantee all of the grantor’s rights to the property
  • Provides an implication that the grantor has title to the property
• Bargain and Sale Deed with a Covenant Against Grantor:
  • Includes a warranty that the grantor has not done anything which would encumber the property in any way
• Quitclaim deed:
  • Grantor releases and quitclaims to the grantee all its rights to the property
• Executor’s Deed
• Referee’s Deed in Foreclosure
• Referee’s Deed in Partition

In real estate sales with valuable consideration, a buyer would require warranties from the seller, usually in the form of the full covenant and warranty deed. However, real estate practice also accepts the execution of a bargain and sale deed coupled with title insurance. Title insurance gives the guarantee to the buyer that the seller is transferring good title over the property to the buyer.

The statutory forms for the different types of deeds can be found in Real Property Law § 258.

When recording a deed, you need to fill out Form TP-584 and RP-5217. The type of form will depend on whether you are in NYC or outside of NYC. Those forms are usually filled out and filed online through The Automated City Register Information System (ACRIS).

You can hire a lawyer to help you prepare a deed and to fill out the forms for recording with the proper government agencies in New York.

Should you need assistance in preparing a New York deed or recording it, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York City, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].

Why the Type of Deed Matters

From the buyer's perspective, the type of deed determines what legal protections come with the purchase. A full covenant and warranty deed gives the buyer the strongest set of representations and remedies against the seller. A quitclaim deed gives almost nothing — just whatever the seller happened to have, with no warranties about what that actually is. The deed type is a real protection that has economic value, particularly in transactions where there is no title insurance or where the title insurance coverage is limited.

From the seller's perspective, the type of deed determines what continuing exposure the seller has after closing. A full covenant and warranty deed leaves the seller on the hook indefinitely for title problems that surface later. A quitclaim deed transfers whatever interest the seller has but makes no promises, so the seller has minimal continuing exposure. The choice between deed types is part of the negotiation between buyer and seller.

The Full Covenant and Warranty Deed in Detail

This is the deed that gives a buyer maximum protection. The five covenants are:

1. Seisin — the grantor warrants ownership of the property being conveyed.
2. Right to convey — the grantor warrants the right and authority to make the conveyance.
3. Quiet enjoyment — the grantor warrants that the grantee will not be disturbed by anyone with a better claim.
4. Freedom from encumbrances — the grantor warrants that no liens, easements, restrictions, or other encumbrances burden the property except those specifically identified.
5. Further assurance — the grantor commits to taking any further action needed to confirm the title transferred.

Some of these covenants run with the land — they transfer to subsequent purchasers — and some are limited to the immediate transaction. The legal effect is meaningful but most modern transactions rely on title insurance for protection rather than on the deed warranties.

Bargain and Sale Deeds

The bargain and sale deed is the most common deed used in New York City residential transactions. The deed itself is short — it does not include extensive warranties — but it carries an implication that the grantor has title to convey. The "covenant against grantor" version adds a representation that the grantor has not personally done anything to encumber the property. This protects the buyer against acts of the immediate seller (encumbrances created by previous owners are not addressed).

Most New York City residential closings use a bargain and sale deed with covenant against grantor, paired with title insurance. The buyer relies primarily on the title insurance for protection, and the deed warranty serves as a backstop for issues that arose during the immediate seller's ownership.

The Quitclaim Deed

A quitclaim deed transfers whatever interest the grantor has, with no representations or warranties about what that interest actually is. If the grantor has full ownership, the quitclaim conveys full ownership. If the grantor has nothing, the quitclaim conveys nothing. The buyer takes whatever the seller had — no more, no less.

Quitclaim deeds are useful in specific situations: transfers between spouses or family members (where the parties trust each other), transfers to clear up cloud on title (where a party releases any potential interest they might have), and transfers in some divorce settlements. They are not used in arm's-length sales because they offer the buyer no protection.

Executor's Deeds

An executor's deed is used when an executor conveys real estate from a decedent's estate. The deed identifies the decedent, the will admitted to probate, the executor's authority, and the property being conveyed. The executor signs the deed in their capacity as executor, not personally.

Executor's deeds typically include limited warranties — the executor warrants that the executor has authority and that no acts of the executor have created encumbrances, but the executor does not warrant the underlying chain of title. The buyer typically obtains title insurance to address the chain-of-title issues.

Referee's Deeds

Referee's deeds are used in court-supervised sales. A referee in foreclosure deed conveys property sold in a mortgage foreclosure action; the referee acts pursuant to the judgment of foreclosure. A referee in partition deed conveys property sold in a partition action; the referee acts pursuant to the judgment of partition.

Referee's deeds carry no warranties from the referee personally. The referee is acting as a court officer, not as an owner with personal interest in the property. The buyer's protections come from the court's judgment and from title insurance, not from the referee.

Filing a Deed in New York City

Deeds in New York City are filed through the Automated City Register Information System (ACRIS). The filing requires:

• The deed itself, properly executed and notarized.
• Form TP-584 — the New York State real estate transfer tax return.
• Form RP-5217 — the Real Property Transfer Report.
• City-specific transfer tax forms for sales in New York City.
• Payment of recording fees and transfer taxes.

The ACRIS system is used in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Each borough has its own City Register office. Outside the city, deeds are recorded at the County Clerk's office in the relevant county.

Common Mistakes in Deed Preparation

Several recurring errors in deed preparation come up in our practice:

• Wrong legal description. The legal description in the deed must match the description in the existing record of title. Errors create cloud on title and can prevent the buyer from later selling.
• Missing acknowledgment. Deeds must be acknowledged before a notary. Missing or defective acknowledgments prevent recording.
• Wrong grantor name. The grantor's name on the new deed should match the grantor's name on the deed by which the grantor took title. Variations in name (married name, middle initial, etc.) need to be addressed.
• Spouses not included. Where the property is held jointly or where one spouse has a marital interest, both spouses generally need to sign the deed.
• Transfer tax errors. Misstatements on the transfer tax forms can lead to audits, penalties, and re-filings.