New York Consolidated Laws

N.Y. Partnership Law § 21 (2026)

Conveyance of real property of the partnership

✓ current as of May 2026
Find cases: SyfertCases citing this section NY-LEGnysenate.gov Justiaon Justia CornellLII Search CasesGoogle Scholar
§ 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.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.