1. County Records Reveal Interests That an Address Search May Miss
A title review begins with the parcel description and its recorded history. Proper recording may give constructive notice but does not validate a defective instrument. Buyers need to examine both the documents and their legal effect.
Follow the Chain of Title
Compare the seller's name on the contract with the latest recorded deed. Check earlier transfers for missing links or inconsistent descriptions. Trusts, estates, and business sellers may require proof of signing authority.
Under New York Real Property Law § 291, an unrecorded conveyance may lose priority to a qualifying subsequent purchaser acting in good faith and recording first. It does not validate a forged deed. Land title recording creates a public record; title review tests the rights it reflects.
Check Mortgages, Liens, and Easements
Look for mortgages, satisfactions, judgments, easements, and restrictive covenants. An easement may permit driveway access, while a covenant may limit construction. Determine which restrictions survive closing.
A payoff statement does not prove that a mortgage satisfaction was recorded. Check the priority and release requirements of property liens, and confirm taxes with the taxing authority.
Search the Correct County Records
The Nassau County Clerk maintains deeds, mortgages, and satisfactions. Section, block, and lot numbers help locate documents; an assessor listing cannot replace them.
The Suffolk County Clerk offers online land-record information imaged from 1987 onward. Its public-access facilities hold older microfilm and record books. Missing online images may require an in-person search.
2. The Purchase Contract Sets the Rules for Title Objections
A defect does not automatically permit cancellation. The agreement governs title quality, permitted exceptions, objections, and closing duties. General Obligations Law § 5-703 generally requires a signed writing for a property sale contract, subject to exceptions.
Read the Title Commitment and Insurance Exceptions
Compare the title commitment’s requirements and exceptions with the deed and survey. Some disclosed matters may remain outside insurance coverage.
A lender’s policy does not insure the buyer’s ownership interest. An owner’s policy provides coverage under its terms and exceptions. Title insurance cannot replace the decision about whether a defect must be cured.
Treat Seller Disclosures As a Separate Source
For covered one- to four-family residential property, Real Property Law § 462 generally requires the seller to deliver a signed property condition disclosure statement before the buyer signs a binding contract. Under § 461, condominium units and cooperative apartments fall outside that definition. Section 463 separately exempts certain transfers, including some fiduciary and foreclosure-related transactions.
The statement covers ownership claims, shared features, occupancy certificates, and flood risks. It reflects actual knowledge, not a warranty. Section 464 requires prompt revision when new information makes an earlier disclosure materially inaccurate. That duty ends upon transfer of title or buyer occupancy, whichever occurs first. An “as is” clause does not remove this duty.
Raise Problems within the Contract'S Deadlines
Give notice of unreleased mortgages or description errors within the contract’s deadlines. The seller may need a recorded satisfaction, corrective deed, or other agreed proof.
Cancellation and deposit recovery depend on the contract and the defect. A closing extension or post-closing undertaking should assign responsibility and set a completion date.
3. Municipal Files Establish Which Uses Are Authorized
A valid deed does not authorize an unpermitted addition or rental conversion. Local building and zoning records answer different questions from county title records. Permits and occupancy approvals generally come from the responsible municipality.
Identify the Town or Village with Jurisdiction
Municipal rules depend on the parcel. The Town of Hempstead Building Department administers local building requirements; the Town of Brookhaven offers online permit and records services. Incorporated villages may operate separate approval systems.
Before relying on claims about a finished basement or accessory apartment, request:
- Building permits and approved plans.
- Certificates of occupancy or other applicable approvals.
- Open violations, zoning decisions, and variances.
- Surveys showing existing structures and boundaries.
Compare the Survey with Approved Improvements
A survey may reveal encroachments or a driveway crossing a boundary. Permit files show whether alterations obtained required approvals. A survey cannot authorize occupancy; an occupancy certificate does not resolve a boundary dispute.
Check the zoning classification and applicable local code before assuming that an advertised use is permitted.
Keep Federal Flood Rules Separate
Under 42 U.S.C. § 4012a, certain regulated loans on improved property in special flood hazard areas require flood insurance, subject to exceptions. This federal financing rule neither establishes title nor authorizes construction. Compare the lender’s determination with relevant flood maps.
4. Different Defects Require Different Closing Responses
Some problems can be corrected before closing; others may affect use or value afterward. Identify the responsible party and required proof before accepting a proposed remedy.
Match the Problem to the Required Proof
| Finding | Record or Response to Examine | Remaining Question |
|---|---|---|
| Unreleased mortgage | Recorded satisfaction or agreed title-insurance treatment | Will the buyer take subject to the lien? |
| Inconsistent boundary | Survey, prior deeds, and any relevant easement | Is there a competing property claim? |
| Unapproved addition | Permit history and municipal determination | Can the intended use lawfully continue? |
Unreleased mortgage
- Record or Response to ExamineRecorded satisfaction or agreed title-insurance treatment
- Remaining QuestionWill the buyer take subject to the lien?
Inconsistent boundary
- Record or Response to ExamineSurvey, prior deeds, and any relevant easement
- Remaining QuestionIs there a competing property claim?
Unapproved addition
- Record or Response to ExaminePermit history and municipal determination
- Remaining QuestionCan the intended use lawfully continue?
A post-closing promise should specify duties, deadlines, and consequences. Insurance coverage is not the same as contractual performance.
Reserve Court Proceedings for Genuine Adverse Claims
Where competing property interests remain unresolved, Real Property Actions and Proceedings Law § 1501 may allow an action to determine adverse claims. CPLR § 507 generally places title actions in the county containing the property.
A quiet title action does not replace a building permit application or routine record correction. Litigation depends on the asserted interests and requested relief.
Before closing, Long Island real estate buyers should confirm which defects have been cured, which exceptions remain, and whether the seller can deliver the promised title. A lender’s approval alone does not settle those questions.
23 Oct, 2026
