/gallery/ads/2372.jpg?u=1621371894

Log In   ·   Become A Member

What Real Estate Practitioners Should Know About Properties Located in Agricultural Districts

John A. Viteritti

In Nassau and Suffolk Counties there were 592 farms and 69 wineries totaling 31,000 farmland acres located mostly in Suffolk County. (Photo: Nicole Barylski)

In 1971 the New York State Legislature enacted Article 25-AA of the Agricultural Markets Law.

The law provided for the creation of agricultural districts throughout the State of New York.

In a report published by the New York State Comptroller's Office, as of January 1, 2019 there were 174 agricultural districts in the state comprising 25,673 farms. In Nassau and Suffolk Counties there were 592 farms and 69 wineries totaling 31,000 farmland acres located mostly in Suffolk County.

Article 9, Section 333-c of New York's Real Property Law imposes certain disclosure obligations with respect to the transfer of real property located in agricultural districts. It states, in part: "When any purchase and sales 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 article 25-AA of the Agricultural Markets Law, the prospective grantor shall deliver to the prospective grantee a 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 notice is to inform prospective residents that the property they are about to acquire lies partially or wholly within an agricultural district, and farming activities occur within the district. Such farming activities may include, but not be limited to, activities that cause noise, dust, and odors. Such disclosure notice shall be signed by the prospective grantor and grantee prior to the sale, purchase or exchange of such real property. Failure of the seller to provide such information to the buyer shall not prevent the recording officer from filing such deed."

This section of the Real Property Law is silent on the responsibilities of any real estate agents that may be involved in these transactions, but does the Department of State (DOS) impose any obligations with respect to disclosure of properties located wholly or partially within agricultural districts?

Department of State regulations indicate: "New York Real Property Law 443 imposes the following obligation in dealing with the buyer, a seller's agent should (a) exercise reasonable skill and care in performance of the agent's duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the value or desirability of property, except as otherwise provided by law."

The DOS goes on to say: "Consistent with the above, knowing if the property is in an agricultural district affects the desirability of property and the broker/agent should make such disclosure. Accordingly, an agent representing the interests of the seller, in such a district, must disclose the same to a prospective buyer pursuant to the New York Real Property Law."

It should be noted that the DOS has the authority to impose fines and other penalties including suspension, revocation of licensees, and denial of commissions if found to be in violation of Section 443 of New York Real Property Law.


John is a St. John's University graduate, licensed Real Estate Broker, DOS Certified Instructor, and real estate consultant. He previously taught at NYU, LIU, and The Cook Maran Real Estate School, which he helped found. www.johnaviteritti.com


Be the first to comment on this article. (Just fill out the form below)
 

Submit Your Comment

Please note, you are not currently logged in. Your comment will be submitted as a guest.
To submit your comment as a member, please click here.
Your Name:
Location:*
Comments:*
* Comments will be reviewed and posted in a timely fashion
* All fields are required
Question:*
What color is a banana?
(For spam prevention, thanks)
 
 
/gallery/ads/2362.gif?u=1621371894
/gallery/ads/2003.gif?u=1621371894
Southampton Masonry-Visiting the Southampton or the Wainscott locations is an exciting experience.
Southampton Masonry has been serving Long Island's masonry and tile needs since 1975. Delivering quality products from Manhattan to Montauk for over three decades. The company's continued success is due primarily to their number one priority: customer satisfaction, with a promise of prompt and courteous service from the professional, knowledgeable staff. Southampton Masonry has the largest inventory on the east end. As direct importers they can offer a large variety of the finest quality products at the most competitive pricing for both your interior and exterior projects.

Southrifty Drug 54 Jagger Lane, Southampton Village
Southrifty Drug is a small, neighborhood pharmacy with limited shelf space, and we have to be very selective about which over-the-counter items we carry. As a result you'll find a no nonsense concentration of very effective, high quality and useful products on our shelves. In this new section, we feature a number of these products that we feel are especially worthy of your consideration.

New York Title Abstract Services, Inc.
We are a title insurance services company dedicated to promptly delivering fully compliant and accurate reports, and title insurance, for residential and commercial real estate throughout New York State. Headquartered in the Hamptons, our professional team has extensive real estate experience and understands the business from all sides including title insurance, legal, sales, governmental, banking, and lending regulations.

Aimee Fitzpatrick Martin, Licensed Associate Real Estate Broker
Considered a West of the Shinnecock Canal expert with a 5-star Zillow ranking, Aimee specializes in the luxury and waterfront markets in Quogue, Westhampton Beach, Remsenburg, East Quogue and Hampton Bays. With exceptional communication skills and a buttoned-up approach to every deal, she is highly skilled in the art of the negotiation process. Understanding the nuances of buying and selling waterfront homes, especially on Dune Road, is a specialty.

Hamilton Hoge
As the owner’s representative our practice encompasses all aspects of a project from pre-purchase property due diligence, program development iterations, advisement on systems, analyze contracts/vendors, critical path analysis, feasibility and schedule. The strength of our approach is in facilitating organized communication. We strongly analyze all representations and warranties for the protection and benefit of our client.

Citarella
The Citarella Standard. We’re passionate about sourcing and selling the world’s best seafood. When you order our fresh seafood online, what you receive always reflects the unrivaled standard of our markets. It’s hand-prepared, never frozen, and shipped overnight. 631-283-6600.