Judges: JOSEPH CONWAY, Assistant Attorney General
Filed Date: 10/22/1996
Status: Precedential
Modified Date: 7/5/2016
Paul V. Nowicki, Esq. Informal Opinion County Attorney No. 96-38 County of Rockland Allison-Parris County Office Bldg. New City, N Y 10956
Dear Mr. Nowicki:
Your deputy has asked whether a tax deed taken by Rockland County sufficiently describes the property conveyed for filing with the county clerk's office if it references the property's tax map identification.1 Your deputy has also asked whether property owners other than the county may file deeds using the tax map identification. Her inquiry states that the county clerk currently accepts tax deeds containing tax map identification numbers from the county, but requires all other parties to file either a metes and bounds or a map description.
We conclude that although deeds making reference to a tax map are generally acceptable for recording by anyone, such a method of describing the property is not always accurate, and, in our view, is not a preferred method. It is common knowledge that tax maps often do not conform to the filed map description, because the purpose of a tax map is to identify a parcel generally for assessment purposes, not for the purpose of effecting a conveyance.
Although the primary descriptive elements in a deed are usually monuments, courses and distances, adjacent lands, and area or quantity, any method or combination of methods and descriptive elements that clearly identify the land to be conveyed may be acceptable, so long as it allows the property to be identified accurately. See, Brookhaven v.Dinos,
Significantly, courts have been willing to take judicial notice of tax maps. See, Lancaster SLI Co. v. City of New York,
We also note that the county clerk's duty under the Real Property Law is to accept a deed for filing if it is submitted in recordable form. See, Real Property Law §§
We conclude that deeds filed by the county and others making reference to a tax map are acceptable for recording with the county clerk's office. However, such a method for describing property is subject to inaccuracies and, therefore, is not a preferred method.
The Attorney General renders formal opinions only to officers and departments of State government. This perforce is an informal and unofficial expression of the views of this office.
Very truly yours,
JOSEPH CONWAY, Assistant Attorney General