New York State Notary Practice Exam

Does the term "conveyance" encompass a will or lease not exceeding three years?

1. Yes, it includes both

2. No, neither are included

3. Only the lease is included

4. Only the will is included

The correct answer is: No, neither are included

In the context of real property law, "conveyance" refers specifically to the transfer of ownership or interest in real estate. Generally, this term encompasses documents such as deeds and other instruments associated with the sale or transfer of real property. However, certain documents do not fall under this definition. A will is primarily a testamentary document that dictates the distribution of a person's assets upon their death, rather than directly transferring interest in real estate during the individual’s lifetime. As for a lease, while it does create a possessory interest in real estate, a lease that is for three years or less is typically considered a "leasehold" and not categorized as a conveyance in the same sense as a deed. Thus, the definition of "conveyance" does not include a will as it does not transfer title in real property, nor does it include leases of short duration like those not exceeding three years, which are treated differently within property law. Therefore, the distinction in these definitions leads to the response that "conveyance" does not encompass a will or lease not exceeding three years.