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Powers & Duties of Notary

A village justice whose court sits in one county is asked to take a real-property acknowledgment while visiting a different county. What is the safer exam answer under Real Property Law §298?

A

The acknowledgment is proper anywhere in New York because all officers listed in §298 have statewide authority.

B

The acknowledgment is proper only if a county clerk later authenticates the signature.

C

The acknowledgment is improper because that local judicial officer may act only within the county containing the village or city of authority.

D

The acknowledgment is improper only if the document is a mortgage rather than a deed.

Official source: Notary Public License Law (March 2026)

Reference: Real Property Law §298; Real Property Law §298(3)

Source checked September 7, 2026

✓

Correct Answer

C. The acknowledgment is improper because that local judicial officer may act only within the county containing the village or city of authority.

Detailed Explanation

Local territorial limits still matter for some officers. Real Property Law §298(3) permits a justice of the peace, village police justice, or judge of an inferior local court to act anywhere within the county containing the town, village, or city where the officer is authorized. Unlike a notary public under §298(1), that officer does not receive statewide reach.

Powers & Duties of Notary Question #202
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