Agriculture & Markets - Agricultural Districts - Disclosure


Published: 2014-09-22

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§ 310. Disclosure. 1. When any purchase and sale contract is presented
for the sale, purchase, or exchange of real property located partially
or wholly within an agricultural district established pursuant to the
provisions of this article, the prospective grantor shall present to the
prospective grantee a disclosure notice which states the following:

"It is the policy of this state and this community to conserve,
protect and encourage the development and improvement of agricultural
land for the production of food, and other products, and also for its
natural and ecological value. This disclosure notice is to inform
prospective residents that the property they are about to acquire lies
partially or wholly within an agricultural district and that farming
activities occur within the district. Such farming activities may
include, but not be limited to, activities that cause noise, dust and
odors. Prospective residents are also informed that the location of
property within an agricultural district may impact the ability to
access water and/or sewer services for such property under certain
circumstances. Prospective purchasers are urged to contact the New York
State Department of Agriculture and Markets to obtain additional
information or clarification regarding their rights and obligations
under article 25-AA of the Agriculture and Markets Law."

1-a. Such disclosure notice shall be signed by the prospective grantor
and grantee prior to the sale, purchase or exchange of such real
property.

2. Receipt of such disclosure notice shall be recorded on a property
transfer report form prescribed by the commissioner of taxation and
finance as provided for in section three hundred thirty-three of the
real property law.