New York Real Property Law Article 12 - REGISTERING TITLE TO REAL PROPERTY

• 370 - Petition to Register Title to Real Property.
  Real property, or any estate, interest, or right therein, the title to which is hereby authorized to be registered, may be brought under the operation...
• 371 - Petitions and Proceedings to Be in Supreme Court; Title Part of Special Term.
  The petition for registration must be made to the supreme court; or to a justice thereof, sitting at a special term in any of the...
• 372 - County Clerks and Registers to Be Registrars of Title.
  County clerks in the several counties of the state, except the counties that may have registers, and in the latter counties the registers of said...
• 373 - Registrar's Bond.
  Every registrar, before entering upon his duties as registrar, shall give a bond with sufficient security, to be approved by a justice of the supreme...
• 374 - Deputy Registrars' Powers and Duties.
  In any county where the business under this article so warrants, the registrar may appoint a chief deputy and as many other deputies as are...
• 375 - Compensation of Registrars and Deputy Registrars, Official Examiners of Title, and Registration Clerks.
  Where county clerks and registers are salaried officials, the local authorities (county officials who provide for county expense, in the city of New York, the...
• 376 - Disposition of Fees Received by Registrar.
  All fees received by the registrar, for the performance of the duties devolving upon him and upon the official examiners of title pursuant to this...
• 377 - Official Examiners of Title.
  The registrar in any county is authorized to appoint one or more official examiners of title who shall be qualified in accordance with the provisions...
• 378 - What Owners May Apply; What Titles May Be Registered.
  Petition for registration of title may be made by the following persons: First. The person or persons who claim, singly or collectively, to own in...
• 379 - Contents of Petition for Registration; Other Papers to Be Filed.
  The petition for registration shall be verified in the same manner and form as a pleading in an action and shall set forth, in addition...
• 380 - Official Examiner's Report of Title; Other Evidences of Title.
  Immediately upon the filing of the petition the court shall enter an order referring the matter to one of the official examiners of title appointed...
• 381 - Survey, Map or Plan to Be Filed.
  There shall be filed with the registrar a survey, map or plan of the land the title to which is sought to be registered, which...
• 382 - Notice of Petition and of Pendency of Proceeding.
  At the time when the petition for registration of the title of any property is filed, the petitioner shall also cause to be filed a...
• 385 - Proceedings Upon the Petition; Notice of Hearing.
  Immediately upon the filing of the petition and of the notice thereof as provided in section three hundred eighty-two of this chapter, and upon receiving...
• 386 - Form of Notice to Parties.
  The notice to be served upon the parties to the proceeding required by section three hundred and eighty-five shall be issued by the order of...
• 388 - Guardian Ad Litem.
  In any proceeding to register title, the court may make an order appointing a disinterested attorney, other than the official examiner of title by whom...
• 389 - Any Person Interested May Appear and Defend.
  Any person interested in the property, or whose interests may be affected by the final order or judgment of registration in the proceeding, whether specifically...
• 390 - Title in Lands Vested; Clouds Thereon Removed.
  In any proceeding under this article, the court may find and decree in whom the title to or any right or interest in the property...
• 391 - Final Orders Conclusive; to Be Entered and Docketed As a Judgment.
  No final order or judgment of registration shall be made, unless the court is satisfied that the title to be registered accordingly is free from...
• 392 - Fraud; Action to Set Aside or Appeal From the Final Order or Judgment of Registration or to Recover the Property.
  Any title registration procured by or as the result of fraud may be set aside, in the same manner and by the same proceedings as...
• 393 - Registration of Title.
  Upon entering the final order and judgment of registration, an enrollment thereof as a judgment roll in an action must be prepared, and filed in...
• 394 - Certificate of Title.
  The registrar shall make, in the form prescribed by section four hundred and thirty-five of this chapter, an original certificate of title of every title,...
• 395 - Title Book.
  The registrar shall keep a book or books to be known respectively as the "title book", wherein he shall enter all first and subsequent "original"...
• 396 - Duplicate Certificate of Title.
  The registrar shall, upon the request by the owner in writing, make out an exact duplicate thereof, with the memorials and notations thereon noted, which...
• 398 - Certificate to Include Dealings Pending Registration.
  In every case of initial registration, the certificate of title shall include all dealings with the real property, and all statutory or other liens filed...
• 399 - Certificate of Title As Evidence.
  The certificate of title, and any copy thereof duly certified under the hand and seal of the registrar and the owner's duplicate certificate, until the...
• 400 - Rights of Owners of Registered Property; Exceptions; Incumbrances and Transfers to Be Filed.
  A person who receives a certificate of title pursuant to a judgment of registration, except in case of fraud to which he is a party,...
• 401 - Registered Property Not Affected by Prescription or Adverse Possession.
  No title to registered real property, in derogation of that of the registered owner, shall be acquired by prescription or adverse possession.
• 402 - Fraud; Notice Only by Registration.
  Except in case of fraud and except also as herein otherwise provided, no person taking a transfer of any registered real property or of any...
• 403 - Memorial to Be Carried Forward.
  (a) Unless written application is made by a mortgagee, who acquires fee title to the premises, not to merge said mortgage with the fee title,...
• 404 - Registered Property to Remain Registered.
  The bringing of property under this article shall imply an agreement, running with the land and binding upon the applicant and all his successors in...
• 404-a - Withdrawal From Registration in Certain Instances.
  Notwithstanding the provisions of section four hundred four of this chapter, a title to real property which has been duly registered as provided by article...
• 405 - Registered Property Subject to Same Rights and Burdens As Unregistered Property.
  Registered real property and every estate, right and interest therein shall be in all respects subject to the same rights, burdens and incidents as unregistered...
• 406 - Transfers of Registered Property.
  A registered owner of real property, in order to transfer his whole estate or interest therein, or any part or parcel thereof, or any undivided...
• 407 - Certificate As to Part of Property Remaining After Transfer.
  When only a part of the property described in a certificate is transferred, and the description of the property is other than full or specified...
• 409 - Filing, Entering and Indexing Papers Pursuant to This Act; Tickler Certificate.
  Every paper filed with the registrar shall be given a serial number in the order of its filing, and then shall be entered by the...
• 409-a - Entries in Other Indexes.
  Upon the filing of a notice of petition and pendency of proceeding in the office of the registrar, the recording officer of the county or...
• 410 - Notice of Filed Papers.
  All papers filed by the registrar, and indexed and entered by him pursuant to this article, shall be of equal effect as to notice, in...
• 411 - Addresses of Interested Parties; Notice.
  On every paper or instrument filed with the registrar there shall be indorsed the name, place of residence with street number, if any, and post-office...
• 412 - When a Transfer is Deemed to Be Registered.
  Every transfer of registered property shall be deemed to be registered under this article when such document has been filed of record, in the office...
• 413 - New Certificates of Title.
  Upon the application of any owner of registered property held under one or more certificates of title and delivering up of such certificate or certificates,...
• 414 - Loss of Duplicate Certificate.
  If any duplicate certificate of title is lost or destroyed, the owner of the property or the current grantee with proper certified deeds may file...
• 415 - Mortgages, Leases and Other Liens and Charges; May Be Registered.
  Any mortgage, lease for a term of over one year, contract to sell or other instrument intended to create a lien, incumbrance, trust or charge...
• 416 - Proceedings to Register Mortgage, Lease or Other Lien or Charge.
  On the filing of the instrument creating such mortgage, lease or other lien or charge in the registrar's office and the production of the duplicate...
• 417 - Judgments, Decrees, Attachments and Other Liens to Be Noted on Certificate.
  No judgment, decree, attachment, execution, mechanic's lien, or other lien or charge, which may affect or be a lien or charge upon real property in...
• 418 - Assignment of Mortgage, Lease, or Other Lien or Charge.
  The holder of any mortgage, lease, or other lien or charge on registered property, in order to transfer the same or any part thereof, shall...
• 419 - Release, Discharge or Surrender of Charge or Incumbrance.
  A release, discharge or surrender of a charge or incumbrance, or any part thereof, or of any part of the property charged or incumbered, may...
• 420 - Enforcement of Mortgages, Charges, Liens and Incumbrances.
  All charges, liens and incumbrances on registered property, or on any estate, right or interest in the same, and all rights therein may be enforced...
• 421 - Powers of Attorney to Be Filed and Registered.
  Before any person can convey, charge, incumber or otherwise deal with any registered property, or any estate, right or interest therein, as attorney in fact...
• 422 - Reference of Doubtful Matters to the Court.
  When the registrar is in doubt, and the parties in interest fail to agree as to the proper memorial to be made in the title...
• 423 - Death of Owner of Registered Property; Transfer of Property.
  Upon the death of an owner of registered real property, it shall be incumbent upon the surviving spouse or the joint tenant with right of...
• 423-a - Form for Transfer of Property Upon Death of Owner of Registered Property.
  The registrar may make available the form for the transfer of property upon the death of the owner of the registered property, which form in...
• 426 - Assurance Fund.
  1. Upon the original registration of real property, there shall be paid to the registrar one-tenth of one per centum of the value thereof on...
• 427 - Compensation From Assurance Fund.
  Any person who, without negligence on his part, sustains loss or damage or is deprived of real property, or of any estate, right or interest...
• 428 - Action Against Assurance Fund.
  Any allowed claim for indemnity shall be paid in the same manner as other claims against the county. In the city of New York a...
• 429 - Restrictions on Claims Against Assurance Fund.
  No person shall recover from the assurance fund, or the county or city general fund after the assurance fund has been terminated pursuant to section...
• 430 - Penalties for Fraudulent Acts or False Certificates.
  Whoever fraudulently procures or assists in fraudulently procuring, or is intentionally privy to the fraudulent procurement of any certificate of title or other instrument, or...
• 431 - Forgery and Fraudulent Stamping; Penalty.
  Whoever forges, or procures to be forged, or assists in forging, the seal of the registrar, or the name, signature, handwriting of any officer of...
• 432 - Fees to Be Charged.
  The following fees shall be charged by registrars for the various services performed pursuant to this article: (a) Filing the notice of petition, including entering...
• 433 - Construction of Article.
  This article shall be construed liberally, so far as may be necessary for the purpose of effecting its general intent.
• 434 - Form for Official Examiner's Report of Title.
  The examiner's report of title shall be in appropriate form to set forth the matters required by this article. The registrar of any county is...
• 435 - Form for Certificate of Title.
  The registrar's certificate title shall be in the following form: No. ....... First registered ........... CERTIFICATE OF TITLE. (First Certificate) or (Transfer from No. ............)...
• 436 - Ternination of Title Registration Procedures.
  436. Termination of title registration procedures. 1. As used in this section: a. "Adverse instrument" means any document, instrument or paper that adversely affects, but...

Last modified: February 3, 2019