A Suffolk New York Partition Deed for Surface Estate is a legal document that facilitates the division or separation of shared land among co-owners. This deed is specifically designed for the surface estate, which refers to the rights and ownership over the land itself, excluding any mineral or subsurface rights. In Suffolk County, New York, there are two primary types of Partition Deeds commonly utilized for the surface estate. These are the Voluntary Partition Deed and the Judicial Partition Deed. 1. The Voluntary Partition Deed: This type of partition deed is utilized when all co-owners mutually agree to divide the shared land without external intervention. It typically includes a comprehensive description of the land being partitioned, the names of the co-owners involved, and the agreed-upon boundaries for each owner's portion. Additionally, this deed may outline any necessary compensation or adjustments if the divisions are uneven. 2. The Judicial Partition Deed: In cases where co-owners fail to reach a mutual agreement for division, this type of partition deed is obtained through a legal process known as a partition action or lawsuit. The judicial partition deed is ordered by a court and typically involves the appointment of a commissioner or partition referee to oversee the division of the land. The deed will specify the commissioner's duties, the method of division, and the portion of land each co-owner shall receive. Both types of partition deeds are crucial for resolving issues related to shared land ownership in Suffolk County, New York. These legal documents ensure a fair and equitable distribution of the surface estate while safeguarding the rights and interests of all involved parties. Keywords: Suffolk New York, Partition Deed, Surface Estate, co-owners, shared land, Voluntary Partition Deed, Judicial Partition Deed, mutual agreement, boundaries, compensation, adjustments, legal process, partition action, lawsuit, court, commissioner, partition referee, division, ownership rights, interests, Suffolk County.
Suffolk New York Partition Deed for Surface Estate
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FAQ
The fees to file a New York quitclaim deed vary from county to county, but some of the fees are similar. As of 2018, the basic fee for filing a quitclaim deed of residential or farm property is $125, while the fee for all other property is $250.
You can record property-related documents in person or online. To register a document, you must create a cover page in ACRIS, and submit document, supporting documents, and pay fees and taxes (if necessary). Learn more about recording documents, including required documentation and fees online.
The grant of the easement in itself does not trigger compulsory first registration of the servient land, however, if the grant may form part of registerable transaction, for example if it was granted within a transfer or part or the lease with more than seven years left to run (section 4(1) and 4(2) of the Land
Deed Fee Schedule $ 5.00Per Side (Include the front page only of the Suffolk County Clerk Recording and Endorsement Form in the fee calculation.)$ 15.00Cultural Education Fund$ 5.00Real Estate Transfer Tax Return TP-584$125.00Real Property Transfer Report RP-5217 Filing Fee (Residential)5 more rows
Recording Fees Document TypeFeeDeclaration of Trust$255Deed, Unit Deed, or Easement$155Mortgage$205Mortgage Foreclosure Deed & Affidavit$1559 more rows
The grantor must sign the deed form and that signature must be properly acknowledged by a notary public. All signatures must be original; we cannot accept photocopies. A complete description of the property including the village, town, county and state where the property is located must also be included on the form.
Sign the deed in the presence of a notary public or other authorized official. Record the deed at the county clerk's office in the county where the property is located for a valid transfer. Contact the same office to confirm accepted forms of payment.
The Office of the City Register records and maintains all property-related documents including deeds, mortgages and leases for every borough except for Staten Island. Visit the Richmond County Clerk to record property documents in Staten Island.
The Land Registry advise that processing times for updating the register (adding a mortgage or changing ownership) take about 4 to 6 weeks, and creating a new register (transfer of part or new lease) take about 6 to 9 months.
The grantor must sign the deed form and that signature must be properly acknowledged by a notary public. All signatures must be original; we cannot accept photocopies. A complete description of the property including the village, town, county and state where the property is located must also be included on the form.
