1996-38
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Cite as N.Y. Op. Att'y Gen. No. 1996-38
1According to your inquiry, when the county takes tax
delinquent property, the underlying tax deed makes a reference to
the property as it is described in the tax maps used to prepare
the local assessment roll. Real Property Tax Law 503(1)(a). The
assessment roll contains a description of each parcel by lot,
block and section number.
REAL PROPERTY LAW § 291, et seq.; REAL PROPERTY TAX LAW
§ 503(1)(a).
Deeds 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 methodn
October 22, 1996
Paul V. Nowicki, Esq.
Informal Opinion
County Attorney
No. 96-38
County of Rockland
Allison-Parris County Office Bldg.
New City, NY 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
used. See, Coleman v Manhattan Beach Improvement Co., 94 NY 229,
231-32 (1883); Evans v Beagell, 276 App Div 883 (1949). Reference
to another deed, or to a map or plat is acceptable, so long as it
allows the property to be identified accurately. See, Brookhaven
v Dinos, 76 AD2d 555 (2d Dept 1980), affd, 54 NY2d 911 (1981).
Significantly, courts have been willing to take judicial
notice of tax maps. See, Lancaster SLI Co. v City of New York,
214 NY 1, 9 (1915); Wallach Co. v Rooney, 177 App Div 640, 643
(1917). A description of property by a tax map has been found
sufficient for the purpose of effectively conveying real property.
Conklin v Jablonski, 67 Misc 2d 286 (Sup Ct Nassau Co 1971). When
a tax map accurately describes “the property of the [owner] and
none other" it has been held sufficient for the purposes of a
lawful and effective conveyance of the property. Lancaster SBI
Co. v City of New York, 214 NY 1, 9 (1915). Though using tax maps
to describe the parcel of property to be conveyed is not an ideal
method, we can find no basis in the law that would permit the
county clerk to refuse to accept for recording an otherwise valid
tax deed.
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 §§ 291, et seq. The
county clerk is not in a position nor required to ascertain the
veracity or accuracy of the deed.
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