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Changes in Lot Number: When Does a Purchaser Have a Duty to Inquire?
Block and lot indexes prevalent in New York City were designed to make title searches simpler than those necessary under the grantor-grantee index system prevalent in many other areas of the state and country. Suppose, however, block and lot numbers change over time. To what extent are purchasers on notice of deeds recorded under a block and lot number different from the one prevalent at the time of purchase? The First Department recently faced that issue in Akasa Holdings, LLC v. 214 Lagayette House, LLC, NYLJ 9/5/19, p. 22., col. 1, and concluded that at least when the record under the current lot number reveals unexplained breaks in the chain of title, purchasers have a duty to inquire about deeds recorded beyond the current block and lot number.
The Akasa Facts
The case concerned a 1981 easement across 57 Crosby Street in favor of 214 Lafayette Street, but the story starts earlier. In 1967, the Epsteins purchased 216 Lafayette Street which, at all times, has been designated as Block 482, Lot 28. In 1971, the Epsteins purchased three neighboring parcels — 214 Lafayette Street, 55 Crosby Street, and 57 Crosby Street. 55 Crosby and 214 Lafayette were designated at Lot 30 in the same block, while 57 Crosby was designated as Lot 9. While the Epsteins owned all three parcels, 57 Crosby was merged into Lot 30, and the Lot 9 designation was discontinued. Then, in 1979, the Epsteins sold all four parcels to Spacemakers. The deed was indexed against Lot 28 and Lot 30, but not against Lot 9, which was not then in use.
In 1981, Spacemakers conveyed 214 Lafayette to Artsbar. On the same day, Spacemaker conveyed to Artsbar non-exclusive easement for ingress and egress by foot over a six foot strip or land along the southerly border of 57 Crosby. (Spacemakers also granted Artsbar an easement over 216 Lafayette, but that easement is not in dispute). Both the deed and the easement were recorded, and were indexed against Lot 30.
In 1983, Spacemakers sold 57 Crosby (a vacant lot) to Parking Lot Partnership, and also sold 55 Crosby to a co-operative corporation. Both deeds were recorded against Lot 30, which now comprised parcels owned by three different owners: Artsbar, which owned 214 Lafayette, Parking Lot Partnership, which owned 57 Crosby, and the co-operative corporation, which owned 55 Crosby. The following year, the three owners jointly filed an application to subdivide lot 30 into three separate lots. The application was granted, and 57 Crosby was redesignated Lot 9 – the same designation it had before its merger into Lot 30. The subdivision was indexed against Lot 30, but not against Lot 9 or Lot 8 (the new designation for 55 Crosby).
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