A record of a conveyance of real property situated within another state, territory or jurisdiction of the United States, recorded therein pursuant to its laws, is prima facie evidence of conveyance and of due execution.
R 4524.Conveyance of real property without the state
Article 45. Evidence · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 4524 makes a recorded conveyance of real property located in another state, territory, or jurisdiction of the United States, recorded there under that jurisdiction's own laws, prima facie evidence both that the conveyance happened and that it was properly executed.
Full Text of CPLR 4524
Plain-English Summary
New York litigation sometimes turns on a deed or other conveyance affecting land in another state. CPLR 4524 lets a party rely on how that other jurisdiction recorded the document rather than having to independently prove execution through a New York witness or notary. If the conveyance was recorded in the other state, territory, or jurisdiction under its own recording laws, the recorded copy is prima facie evidence of the conveyance and of its due execution.
Due execution is doing real work here. Ordinarily a party offering a deed into evidence has to show it was properly signed, witnessed, or acknowledged according to the applicable formalities. This section lets the fact of recording elsewhere substitute for that separate proof, on the theory that a recording officer in the other jurisdiction would not have accepted the document without the formalities that jurisdiction requires.
The presumption is rebuttable, so a party who disputes whether the conveyance happened or whether it was properly executed can still put in contrary evidence.
Frequently Asked Questions
What does CPLR 4524 let a party prove about an out-of-state deed?
It lets a properly recorded conveyance of real property in another state, territory, or jurisdiction serve as prima facie evidence both that the conveyance occurred and that it was duly executed.
Does the conveyance have to be recorded a particular way?
Yes. It must be recorded in the other jurisdiction pursuant to that jurisdiction's own laws for the presumption to apply.
Does CPLR 4524 let a party skip proving the deed was signed and witnessed properly?
It shifts the burden by letting the fact of proper recording elsewhere stand in for separate proof of due execution, though the opposing side can still offer evidence disputing execution.
Does this rule cover conveyances of New York real property?
No. It applies specifically to conveyances of real property situated in another state, territory, or jurisdiction of the United States.
How does CPLR 4524 relate to the ancient records rule in CPLR 4522?
CPLR 4522 covers real property records filed in New York for more than ten years, while CPLR 4524 covers recorded conveyances of property located outside New York, regardless of how long ago they were recorded.
Advisory Committee Notes
This rule is the same as former § 393, except for a number of minor language changes. Reference to exemplification has been stricken since it is covered by CPLR rule 4539(a). Cf. rule 4537 (last sentence).
Amendment History
Formerly § 4524, add, L 1962, ch 308; amd, L 1962, ch 315, § 1, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: out of state deed evidence New Yorkrecorded conveyance prima facie evidenceforeign jurisdiction deed admissibledue execution presumption real propertyinterstate real property conveyance proof