New York Real Estate Lawyer Blog

http://www.kloselaw.com/lawyer-attorney-1336884.htmlDid you know that your septic system needs periodic maintenance and occasional pumping? Westchester County did not believe that enough homeowners understood this, and is obligated by New York State to protect the drinking water supply; so it is going to reimburse homeowners who have septic systems and pay taxes to sewer districts if they pump their septic systems regularly.

According to local officials, there are an estimated 40 - 45,000 septic systems in Westchester County, New York, with approximately 30,000 of those in the Croton Watershed (which supplies fresh water to an estimated 80,000 Westchester County residents). Obviously, the issue of septic management is a significant issue if the County is going to preserve the fresh water supply.

This year Westchester County implemented a law requiring septic pumpers to report data to a centralized reporting system detailing conditions of each pump out. If the conditions warrant, the County Health Department dispatches trained sanitarians for further inspection and remediation.

To encourage homeowners to help the County meet New York State guidelines, the County also passed legislation to reimburse homeowners with septic systems who are paying taxes to the County sewer districts, and who must pump their septic systems to protect their safe operation.

To protect real estate purchasers, Westchester County passed well testing laws requiring sellers to disclose testing results upon transfer of real estate.

The bottom line-- when moving to a home with a septic system in Westchester County, you should test both the water supply and the septic system to be sure that both are working and safe. Consult with your local Westchester real estate attorney.

New home buyers of one of the 20,000 homes in Westchester County served by a private well are protected by Westchester’s Private Well Water Testing Law, which states:

§ 707.03. Water Testing Requirements Upon Sale of Real Property.

Upon the signing of a contract of sale for any property within Westchester County served by a private well, the seller of such property shall cause a water test to be conducted in the manner established, and for at least the parameters required, in this Chapter. The seller shall arrange and pay for the cost of this testing, and, within ten (10) days of the execution of the contract, provide the purchaser of the property with confirmation that the test has been ordered.

The law (effective 2007) requires that a water test be conducted upon signing a contract of sale for any property served by a private drinking water well. The test will ensure that the well water is safe for human consumption through analysis for the presence of coliform bacteria and chemical contaminants, including: bacteria (total coliform); either fecal coliform or Eschericia coli (e-coli) if the sample tests positive for total bacteria; chloride; nitrate, pH, arsenic; iron; manganese; sodium; lead; all primary organic contaminants (POCs) included in Part 5 of the New York State Sanitary Code; vinyl chloride; methyl-tertiary-butyl-ether (MTBE); and any additional parameters required by Westchester County Department of Health rule and regulation.

Under the law, only certified laboratories are authorized to collect and test the water samples, and all tests and results must be submitted to the Westchester County Health Department The law also establishes the responsibilities of home sellers and buyers requiring that any drinking water quality problems are corrected

Westchester County Private Well Water Testing Legislation, Local Law 7 of 2007, was adopted on May 23, 2007, and became effective November 19, 2007. A copy of the Local Law, including the Westchester County Health Department Rules & Regulations which supplement the Local Law, as well as additional information regarding the law, may be obtained on the Westchester County Department of Health's website at http://www.westchestergov.com/health/ .

The moral of the story-- if you are buying a new home served by a private well, you are well served to investigate the water quality through the mandated testing. Ask your New York real estate professional or attorney.

The Town of Mamaroneck in Westechester County, New York, is serious about its drainage issues. Effective July 2007, the town officials amended the Mamaroneck Code, Section 106-49, to make it illegal to occupy any building on property sold after January 1, 2006 in the unincorporated portion of the Town of Mamaroneck unless a Discharge Compliance Certificate is issued by the office of the Director of Building Code Enforcement and Land Use Administration, or its designee.

As real estate seller, you must obtain now obtain the Certificate prior to the transfer of title, but it will be valid only if the sale is completed within 60 days from the issuance of the Discharge Certificate.

The Village of Mamaroneck, which includes parts of the Towns of Rye and Mamaroneck, added Article IV (“Removal of Illegal Sewer Connections and Elimination of Illegal Discharge of Liquids”) to Chapter 282 (“Sewers”) of the Code of the Village of Mamaroneck. The Code Enforcement Officer will issue a Discharge Compliance Certificate for each apartment building and each cooperative and condominium complex in the Village, and the Certificate must be renewed every five years.

If you are closing on your home in Westchester County, you should check with your local New York real estate attorney and title agent to be sure you comply.

Are you looking to purchase real estate in New York? Whether the real estate is your first house in Westchester, your vacation property in Dutchess, or your flat in Brooklyn, one common question that arises is how should you take ownership, especially if you are buying with your spouse, your life partner, or just your “friend.” There are many different forms and types of ownership, but they all start with what’s called ownership in what’s called “fee simple absolute.”

Fee Simple

When you own real estate outright, holding and controlling the entire bundle of sticks, we call it owning it in “fee simple absolute.” That is, as the title holder you, as the individual have the full absolute possessory right to the property, now and in the future, for an infinite duration, with no limitations on its inheritability (right to be transferred to others through death). The holder of the real estate owns entire estate (or bundle of sticks), and has the absolute and unfettered legal right to dispose of it without permission or consent by anyone else.

If you are buying a condominium or townhouse, you typically purchase the residential unit in fee simple, but have a right, in common, with others to use the common areas. Each unit has its own tax bill, deed, mortgage and ownership rights but shares in the maintenance of the common areas.

Joint Tenancy with Right of Survivorship

If you take title with another individual, you no longer own the property in “fee simple.” One common way to own property with others is as Joint Tenants with Rights of Survivorship. That means each titled owner holds an undivided share of the real estate, which, upon death of one partner, the surviving owner or owners retain an undivided right to the entire estate. The heirs of the dead person have no individual claim to the property, which transfers, as a matter of law, to the remaining people listed on the title to the property. That is, the partner has the “right of survivorship.”

If the partners are unmarried, the deed to the property should specifically state that you are taking with rights of survivorship, otherwise, in New York, you are presumed to be taking as tenants in common (see next definition).

This method of ownership sometimes creates issues for children of divorced couples, where the children of unmarried divorced couples, erroneously, that they will inherit one party’s share of the house purchased after the divorce, when, in fact, the house transfers without further court intervention to the surviving divorced partner.

Tenancy in Common

In New York State, In a title held as a tenancy in common, each owner has an undivided interest in the entire property. Each tenant has the right to possession of the whole property. There is no right of survivorship. Each tenant has a distinct proportionate interest in the property, which passes by succession. There is a presumption that a conveyance to two or more persons is a tenancy in common.

Tenancy in the Entirety

This is a marital estate, which can only be created between a husband and wife. It is similar to a joint tenancy except that the right of survivorship cannot be destroyed, since severance by one tenant is not possible. An existing marriage is requisite for a tenancy by the entirety. In many states there is a presumption that a tenancy by the entirety is created in any conveyance to a husband and wife. This type of title is considered somewhat archaic and the majority of states have abolished this type of tenancy, favoring instead that the couple take title to the property as joint tenants with right of survivorship.

If you need more information, call your lNew York real estate lawyer.