NY State — NY Real Property Law

§ 245 — SECTION 245 Estate which passes by grant or devise

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

What is NY RPL § 245?

Quick Answer

This section outlines that a grant or devise of real property transfers all estate or interest of the grantor or testator unless explicitly stated otherwise. It clarifies that a greater estate cannot be conveyed than what the grantor lawfully possessed at the time of the deed's delivery. Applies to property owners involved in real estate transactions.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 245 SECTION 245 Estate which passes by grant or devise

RPL § 245

A grant or devise of real property passes all the estate or interest of the grantor or testator unless the intent to pass a less estate or interest appears by the express terms of such grant or devise or by necessary implication therefrom. A greater estate or interest does not pass by any grant or conveyance, than the grantor possessed or could lawfully convey, at the time of the delivery of the deeds; except that every grant is conclusive against the grantor and his heirs claiming from him by descent, and as against a subsequent purchaser or incumbrancer from such grantor, or from such heirs claiming as such, other than a subsequent purchaser or incumbrancer in good faith and for a valuable consideration, who acquires a superior title by a conveyance that has been first duly recorded.

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