New York Consolidated Laws
N.Y. Partnership Law § 21 (2026)
Conveyance of real property of the partnership
✓ current as of May 2026
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§ 21. Conveyance of real property of the partnership. 1. Where title to real property is in the partnership name, any partner may convey title to such property by a conveyance executed in the partnership name; but the partnership may recover such property unless the partner's act binds the partnership under the provisions of subdivision one of section twenty, or unless such property has been conveyed by the grantee or a person claiming through such grantee to a holder for value without knowledge that the partner, in making the conveyance, has exceeded his authority. 2. Where title to real property is in the name of the partnership, a conveyance executed by a partner, in his own name, passes the equitable interest of the partnership, provided the act is one within the authority of the partner under the provisions of subdivision one of section twenty. 3. Where title to real property is in the name of one or more but not all the partners, and the record does not disclose the right of the partnership, the partners in whose name the title stands may convey title to such property, but the partnership may recover such property if the partners' act does not bind the partnership under the provisions of subdivision one of section twenty, unless the purchaser or his assignee is a holder for value, without knowledge. 4. Where the title to real property is in the name of one or more or all the partners, or in a third person in trust for the partnership, a conveyance executed by a partner in the partnership name, or in his own name, passes the equitable interest of the partnership, provided the act is one within the authority of the partner under the provisions of subdivision one of section twenty. 5. Where the title to real property is in the names of all the partners a conveyance executed by all the partners passes all their rights in such property.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 1985–2022 · leading case: Bogoni v. Friedlander, 197 A.D.2d 281 (N.Y. App. Div. 1994).
Bogoni v. Friedlander, 197 A.D.2d 281 (N.Y. App. Div. 1994). “With respect to property held in the name of the partnership, Partnership Law § 21 (1) provides, insofar as relevant, that "any partner may convey title to such property by a conveyance executed in the partnership name; but the partnership may recover such property unless the…”
138-140 W. 32nd St. Assoc. LLC v. 138-140 W. 32nd St. Assoc., 2022 NY Slip Op 02488 (N.Y. App. Div. 2022). “The Partnership Law, which provides that "[a]ny estate in real property may be acquired in the partnership name" (§ 12[3]), also recognizes that title to real property of the partnership may be held in the name of one partner, in the names of some but not all of the partners, or…”
Schwedler v. State Tax Comm'n, 114 A.D.2d 652 (N.Y. App. Div. 1985). “For example, any partner may convey property held in the name of the partnership (Partnership Law § 21), while a joint tenant may not convey more than his or her own proportionate interest in the property (2A Warren’s Weed, New York Real Property, Joint Tenants, § 1.”
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