Section 291. Recording of conveyances  


Latest version.
  • A conveyance of real property,
      within the state, on being duly acknowledged by the person executing the
      same, or proved as required by this chapter, and such acknowledgment  or
      proof  duly  certified when required by this chapter, may be recorded in
      the office of the clerk of  the  county  where  such  real  property  is
      situated, and such county clerk shall, upon the request of any party, on
      tender  of the lawful fees therefor, record the same in his said office.
      Every such conveyance not so recorded is void as against any person  who
      subsequently  purchases or acquires by exchange or contracts to purchase
      or acquire by exchange, the same real property or any  portion  thereof,
      or  acquires  by  assignment the rent to accrue therefrom as provided in
      section two hundred ninety-four-a of the  real  property  law,  in  good
      faith  and  for  a  valuable  consideration,  from  the  same  vendor or
      assignor, his distributees or devisees, and whose  conveyance,  contract
      or  assignment  is  first duly recorded, and is void as against the lien
      upon the same real property or any portion thereof arising from payments
      made upon the execution of or pursuant to the terms of a  contract  with
      the  same vendor, his distributees or devisees, if such contract is made
      in  good  faith  and  is  first  duly  recorded.    Notwithstanding  the
      foregoing,  any  increase in the principal balance of a mortgage lien by
      virtue of the addition thereto of unpaid interest in accordance with the
      terms of the mortgage shall retain the priority of the original mortgage
      lien as so increased provided that any  such  mortgage  instrument  sets
      forth its terms of repayment.