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The County Clerk is responsible for recording and maintaining real property records in Delaware County.
Recording Fees
Cover Page $5.00
Per Page $5.00
Plus $40.00
Capital Gains Tax Affidavit $5.00
Cross Reference $0.50
TP 584 Transfer Tax Affidavit: $5
Transfer Tax (per 500.00 of Sale Price) $2.00
RP 5217 Equalization and Assessment
- agricultural or residential: $125.00;
- all others: $250.00
Document Formatting Requirements
* Instruments must be written in the English language.
* The date of execution must be shown.
* Typing is preferred. Use black ink and a legible font. Submit documents on 8.5 x 11 inch white paper with a type size of at least 10 point.
* Documents must be signed and notarized and have the notary's expiration date. The acknowledgment must be complete.
* On the first page, the addresses for all parties to the conveyance must be listed.
* The name and return address should be indicated on instruments.
* If a deed makes reference to or mentions a map, that map must have already been filed or should be filed simultaneously with the deed.
* A property description is needed. The property description must cite the city, town, and village (if any).
RE-RECORDING
When re-recording a document, the reason for re-recording should be stated on the first page.
Re-recording documents must be signed and notarized again.
ADDITIONAL FORMS
Transfer Tax Affidavit (TP-584)
A Transfer Tax Affidavit (TP-584) must be filed for each conveyance of real property from a grantor/transferor to grantee/transferee. This form should be filed with the county clerk no later than the fifteenth day after the delivery of the instrument affecting the conveyance. The transfer tax affidavit can be obtained from the New York State Department of Taxation and Finance website.
In Schedule C of the TP-584, the amount of consideration must be filled in (even if it is zero). The transfer tax is computed at $4 per $1,000.
The TP-584 must have at least one signature on the back.
If the form is signed by a Power of Attorney, a copy of the POA must be attached.
Real Property Transfer Report 5217
The RP-5217 Real Property Transfer Report is used to document information associated with all real property transfers within New York State, except for New York City transfers. An original RP-5217 form must accompany all deeds and correction deeds upon filing. A filing fee will apply to this form. The RP-5217 cannot be submitted online. Original forms are available at the county recorder's office or can be ordered online. For online ordering information, visit the New York State Department of Taxation and Finance website.
The buyer's and seller's signatures, not an attorney's signature, are required, but if the property is taken by tax foreclosure, involuntary proceeding, or eminent domain, it can be filed with only one signature.