1. Which Property Records Should You Examine First?
A recorded deed identifies a documented transfer, but a title search must look beyond that instrument. The Richmond County Clerk maintains land records for the borough; the City Register's ACRIS land-record search covers the other four boroughs. Use the block, lot, and legal description to locate the correct records.
Trace the Deed and Ownership History
Real Property Law Section 291 addresses recording and priority against certain later good-faith purchasers. Recording alone does not establish that an underlying transfer was valid.
- Compare names and legal descriptions across successive deeds.
- Check unusual transfers, dates, and supporting instruments.
- Consider execution, delivery, and acceptance separately.
A disputed transfer may call for review of property conveyance requirements.
Look Beyond the Owner'S Name
A property can have a recorded owner and still carry mortgage debt or third-party rights. Compare the record with the closing documents and a current survey.
- Find recorded mortgages and corresponding satisfactions.
- Read easements for access and use restrictions.
- Identify liens or recording gaps that warrant title examination.
Keep document numbers and recording dates for later review.
2. What Limits the Legal Use of a Property?
Owning a building does not mean a proposed rental, conversion, or business use is permitted. Zoning and building-occupancy requirements answer different questions. Check both before treating an existing layout as an approved use.
Compare Zoning with Building Records
NYC Planning's ZoLa identifies zoning districts; DOB's BIS and DOB NOW provide building permits, violations, and occupancy information. Neither record alone answers every property-use question.
| Record | Primary Purpose | Review Question |
|---|---|---|
| Zoning information | Land-use framework | Is the proposed use permitted? |
| Occupancy approval | Authorized use or occupancy | Does the present layout match? |
| Permits and violations | Work and compliance history | Is an issue still open? |
Check Alterations and Older Buildings
Buildings constructed before 1938 may lack a required Certificate of Occupancy, unless later changes to use, occupancy, or exits triggered one. DOB may issue a Letter of No Objection for qualifying buildings; it is not a substitute for a required Certificate of Occupancy.
- Compare proposed renovations with existing permits.
- Review access easements alongside the survey.
- Check whether a use change requires DOB approval.
An absent Certificate of Occupancy does not automatically establish a violation.
3. Which Documents Matter in a Property Dispute?
A boundary disagreement, a delayed closing, and a rental dispute involve different rights. The records should explain who agreed to what, which property is affected, and what happened afterward. That distinction helps identify a suitable response.
Review Sale and Title Evidence
Purchase contracts and deeds do different jobs. Surveys may also reveal boundary or access issues that the contract alone cannot settle.
- Preserve signed agreements, riders, and closing correspondence.
- Compare surveys with deeds and title exceptions.
- Identify the disputed promise and the requested remedy.
Where agreement fails, real estate dispute resolution may involve negotiation or litigation.
Separate Lease Rights from Title Claims
Tenants and owners may disagree about repairs or lawful occupancy without disputing ownership itself. Lease language remains relevant, but mandatory housing rules may override conflicting provisions.
- Review the lease, payment records, and written notices.
- Save photographs, repair requests, and inspection results.
- Identify whether the issue is possession, repairs, or title.
Do not use a deed dispute to assume an eviction procedure applies.
4. Where Should the Property Issue Be Addressed?
The office that maintains a record is not necessarily the authority that decides a dispute. Some problems concern filing or building compliance; others require a court ruling. Identify the requested correction before choosing a venue.
Match Records to the Responsible Agency
Choose the starting point according to the document or condition in question. A database entry does not itself resolve a contested legal right.
- Richmond County Clerk: Search recorded deeds, mortgages, and land instruments.
- NYC Planning and DOB: Review zoning, permits, occupancy, and violations.
- Housing Court: Address qualifying landlord-tenant proceedings.
For deeds and mortgages, search the County Clerk rather than the ACRIS land-document database.
Determine Whether a Court Must Decide
Richmond County Supreme Court can hear lawsuits seeking to resolve title or other disputed property rights. Housing Court handles qualifying landlord-tenant matters, including possession proceedings.
- Identify the parties and the precise relief requested.
- Preserve dated notices and supporting documents.
- Check jurisdiction and filing rules before commencing a case.
Separate landlord-tenant consultation may be relevant when occupancy, rather than title, is contested.
5. Frequently Asked Questions
Can an error in a recorded deed be corrected?
Possibly. The appropriate corrective instrument or court remedy depends on whether the problem concerns a clerical description or the underlying transfer itself.
Can one co-owner sell the entire property without the other owner?
Generally, a co-owner cannot convey another owner's interest without authority. The ownership form and any court order can affect the available options.
Can federal fair housing law affect a property dispute?
Yes, when prohibited housing discrimination is alleged. The federal Fair Housing Act operates alongside state and city protections, not as a substitute for deed or zoning rules.
6. Review Your Property Records with Sjkp
A deed, survey, and building record can describe different parts of the same problem. SJKP's attorneys can review ownership documents, use restrictions, and disputed transactions to identify the applicable legal process. Contact SJKP to discuss the records and questions requiring review.
28 Apr, 2026
