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New York State
REAL PROPERTY LAW (RPL)
Laws 1909, Chap. 52
ARTICLE 12
REGISTERING TITLE TO REAL PROPERTY
Section 370. Petition to register title to real
property.
371. Petitions and proceedings to be in
supreme court; title part of special
term.
372. County clerks and registers to be
registrars of title.
373. Registrar's bond.
374. Deputy registrars' powers and duties.
375. Compensation of registrars and deputy
registrars, official examiners of
title, and registration clerks.
376. Disposition of fees received by
registrar.
377. Official examiners of title.
378. What owners may apply; what titles may
be registered.
379. Contents of petition for registration;
other papers to be filed.
380. Official examiner's report of title;
other evidences of title.
381. Survey, map or plan to be filed.
382. Notice of petition and of pendency of
proceeding.
385. Proceedings upon the petition;
notice of hearing.
386. Form of notice to parties.
388. Guardian ad litem.
389. Any person interested may appear and
defend.
390. Title in lands vested; clouds thereon
removed.
391. Final orders conclusive; to be entered
and docketed as a judgment.
392. Fraud; action to set aside or appeal
from the final order or judgment of
registration or to recover the
property.
393. Registration of title.
394. Certificate of title.
395. Title book.
396. Duplicate certificate of title.
398. Certificate to include dealings
pending registration.
399. Certificate of title as evidence.
400. Rights of owners of registered
property; exceptions; incumbrances
and transfers to be filed.
401. Registered property not affected by
prescription or adverse possession.
402. Fraud; notice only by registration.
403. Memorial to be carried forward.
404. Registered property to remain
registered.
404a. Withdrawal from registration in
certain instances.
405. Registered property subject to same
rights and burdens as unregistered
property.
406. Transfers of registered property.
407. Certificate as to part of property
remaining after transfer.
409. Filing, entering and indexing papers
pursuant to this act; tickler
certificate.
409a. Entries in other indexes.
410. Notice of filed papers.
411. Addresses of interested parties;
notice.
412. When a transfer is deemed to be
registered.
413. New certificates of title.
414. Loss of duplicate certificate.
415. Mortgages, leases and other liens and
charges; may be registered.
416. Proceedings to register mortgage,
lease or other lien or charge.
417. Judgments, decrees, attachments and
other liens to be noted on
certificate.
418. Assignment of mortgage, lease, or
other lien or charge.
419. Release, discharge or surrender of
charge or incumbrance.
420. Enforcement of mortgages, charges,
liens and incumbrances.
421. Powers of attorney to be filed and
registered.
422. Reference of doubtful matters to the
court.
423. Death of owner of registered property;
transfer of property.
423a. Form for transfer of property upon
death of owner of registered property.
426. Assurance fund.
427. Compensation from assurance fund.
428. Action against assurance fund.
429. Restrictions on claims against
assurance fund.
430. Penalties for fraudulent acts or false
certificates.
431. Forgery and fraudulent stamping;
penalty.
432. Fees to be charged.
433. Construction of article.
434. Form for official examiner's report of
title.
435. Form for certificate of title.
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Sec. 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 of this article by the filing of a
verified petition praying for registration, with the clerk of the
county in which the land, or some portion thereof, is situated.
The petition may be so made in person by the owner or owners of
such property, estate, interest, or right, or, where special
circumstances are shown making it impracticable for the owner to
make such petition in person, by an agent acting under a power of
attorney acknowledged in the same manner as a deed to be
recorded. A corporation may also apply by its duly authorized
officer or agent. An infant or other person under disability may
apply by his legally appointed guardian, trustee, committee or
conservator. The natural person or corporation, in whose behalf
the petition is filed may be known, and is treated in this
article, as the petitioner. Any other party to the proceeding may
be known as a defendant.
Sec. 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
counties within the judicial department where the property is
situated, and for that purpose said court shall be always open;
and its orders, judgments and decrees in cases coming under this
article may be made and entered as well in vacation as in term
time. The proceedings upon such petitions shall have the effect
of proceedings in rem against the land, and the final orders
shall have the effect of final judgments in an action and shall
operate directly on the land and vest and establish title
thereto. An issue raised in such a case shall be tried at a
special term of said court, in the county in which the petition
is filed, by the court, except that an issue of fact may be tried
by a jury, in the manner prescribed by the civil practice law and
rules. When in any county the amount of business under this
article makes it necessary or proper that such business should be
attended to by one or more justices of said court assigned for
that purpose, the appellate division of the judicial department
in which such county is situated shall designate as many justices
as may be deemed necessary, to constitute the "title part" of the
special term in that court; and said appellate division shall
provide by rules of practice for the conduct, in said title part,
of the business coming under this article in such county. Said
appellate division may assign one or more additional justices to
said "title part" of the special term, or withdraw one or more
justices therefrom, as the business coming under this article may
require and the availability of the supreme court justices make
proper. One of the justices so assigned to the "title part" of
the special term in any county shall be designated by said
appellate division to have general supervision and control of the
business coming under this article in that county; and so far as
is reasonably possible, such designation shall remain unchanged,
and such justice shall be retained continuously in such term and
part during his term of office unless in the opinion of the
appellate division a change is required for the better
enforcement or working of this law. One and the same justice may
be assigned so as to have such general supervision and control in
two or more counties of the judicial district for which he is
elected. Other duties may be assigned by such appellate division
to such justice, provided that they do not interfere with his
work in supervising and controlling the business coming under
this article. The justice assigned, as herein provided, to have
general supervision and control of the business coming under the
article in any county, shall also have general supervision and
control of all the official examiners within such county and it
shall be his duty to observe and supervise their work as such
official examiners, to advise them when necessary and to make any
suggestions or recommendations to the appellate division with
respect to discipline, suspension or removal of any of them as to
him may seem necessary or proper in the interests of the
successful operation of this law.
Sec. 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 counties shall be "registrars" of titles in
their respective counties. All laws relative to registers, county
clerks and their deputies shall extend to registrars and their
deputies, so far as the same may be applicable, except as in this
article otherwise provided. Registrars of titles shall be county
officers, within the meaning of the laws of this state.
Sec. 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 court, payable to the people of the state
of New York, in a penal sum the same as that for his bond as
register or county clerk or in a sum which may be fixed by the
county board of supervisors, conditioned for the faithful
discharge of his duties, and to deliver up all papers, books,
records and other property belonging to the county or
appertaining to his office as registrar of titles, whole, safe
and undefaced, when lawfully required so to do, which bond shall
be filed in the office of the secretary of state.
Sec. 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 needed. But no one unless he is also a deputy
register or an assistant deputy register appointed under
statutory authority, or a deputy county clerk, shall be appointed
as such deputy registrar unless he has qualified as an official
examiner of title as described and required by section three
hundred and seventy-seven of this chapter.
Deputies may perform any and all duties of the registrar in the
name of the registrar, and the acts of such deputies shall be
held to be the acts of the registrar, and in case of the death of
the registrar, or his removal from office, the chief deputy shall
thereupon become the acting registrar until such vacancy shall be
filled according to law, and he shall file a like bond and be
vested with the same powers and subject to the same
responsibilities and entitled to the same compensation as in the
case of the registrar.
Sec. 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 mayor) shall fix their
additional compensation as registrars, also the compensation of
deputy registrars, official examiners of title, the clerks, et
cetera, needed to carry on the work under this article. Where a
county clerk or a register is compensated directly by the fees
paid to himself, his deputies and assistants, the fees paid to
him as registrar shall take the usual course and be used to
compensate deputies, official examiners of title, clerks, et
cetera, at such rates as the registrar may fix, the remainder to
belong to him.
Sec. 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 article, shall be disposed of in the same
manner as are fees paid to county clerks and registers, except as
otherwise provided for in this article. It shall be the duty of
the local authorities who provide for county expenses, to provide
such accommodations, help, safes, books, papers, and for such
other expenses as may properly be required by the registrar in
the conduct of his office.
Sec. 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 of law and such rules as may be adopted by
the court of appeals. The court of appeals shall prescribe such
rules as it deems expedient with respect to ascertaining the
fitness and qualifications of individuals for appointment as
official examiners of title. Such rules may provide that the
length of time during which candidates have practiced law and the
experience they have had in the examination of titles to real
property shall be taken into consideration in determining their
qualifications. Every official examiner of title must be an
attorney and counselor-at-law of this state. Subject to rules
hereafter adopted by the court of appeals, attorneys and
counselors-at-law heretofore duly licensed as official examiners
of title shall be eligible for appointment as official examiners
of title. In case the registrar shall fail to appoint an official
examiner of title in any county, the justice of the supreme court
to which petition is made to register any land in such county or
to which petition is made to withdraw from registration under the
provisions of section four hundred and four-a of this chapter,
may appoint a competent attorney to act as such official examiner
of title upon that petition. Any official examiner of title shall
have the power to administer any oath or affidavit, and to hold
hearings and investigations necessary to determine questions of
fact arising in the course of his examination of any title, may
summon and subpoena witnesses and examine them under oath with
regard thereto, and may at any time apply to the supreme court
for directions, and receive its assistance, in regard to any
investigations conducted by him. The appellate division of the
supreme court shall have the jurisdiction to control and regulate
the conduct and work of official examiners of title and may
admonish, discipline, suspend or remove from office or position
any official examiner of title, because of any dishonesty,
incompetency, neglect of duty or any other improper conduct or
omission, either on its own motion, or on the suggestion or
recommendation of the justice of the supreme court having general
supervision and control of the business coming under this law in
the county in which such official examiner of title is appointed;
and it shall be the duty of said appellate division to co-operate
with such justice in endeavoring to retain the highest possible
standard of ability, efficiency and honest service for all
official examiners of title acting under and pursuant to this
law. No person who is the attorney or counsel or otherwise
interested in a proceeding to register title to real property
shall act as official examiner of title in such proceeding.
Sec. 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 fee simple the legal estate in land,
or in some right in or over land, and who hold and possess
such land or such right.
Second. The person or persons who claim, singly or
collectively, to own a contract for the purchase in fee
simple of the legal estate in land, or in some right in or
over land, from the owner thereof. Registration in the name
of the holder of the contract shall not be made, except on
the production of a proper transfer of title under and
pursuant to the contract from a transferor in possession, or
the consent in writing, duly acknowledged, of the proposed
vendor in possession and named in the contract and his wife,
if he be married. Such transfer or consent may be made after
the commencement of the registration proceeding.
Third. The person or persons who claim singly or
collectively, to have the power of appointing or disposing
in fee simple of the legal estate in land, or in some right
in or over land.
No title to a mortgage, lien, trust, charge or estate less than a
fee simple shall be registered, unless the title to the legal
estate in fee simple in the same property is first registered.
When the petition is made by the holder of a contract to
purchase, it shall refer to the ownership of the proposed vendor,
and to the contract of purchase and sale.
It shall not be an objection to bringing real property under this
article that the estate or interest of the petitioner is subject
to any outstanding lesser estate, mortgage, trust, charge, or
other lien or right. But any such lesser estate, mortgage, trust,
charge, or other lien or right shall be duly noted on the
certificate of title when issued.
Sec. 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 to any other proper allegations:
(a) The name and place of residence with street number, if any,
and post-office address of each of the petitioners, and when
made by one acting in behalf of another, the name, place of
residence and street number, if any, and post-office address
and capacity of the person so acting.
(b) That each of the petitioners is of the full age of eighteen
years and free from any disability, or, if he is a minor or
under disability, his age or the nature of such disability,
and the authority of the person by whom his petition is
made.
(c) The names and places of residence with street number, if
any, and post-office addresses of all persons having or
claiming any interest in or lien upon the property, or any
part thereof, the title to which is sought to be registered,
and whether or not any of them are infants or otherwise
incapacitated; the owners in fee simple of the surrounding
contiguous properties, and their post-office addresses so
far as they are known or can be reasonably ascertained by
inquiry on such property; the people of the state of New
York; and a designation of all other possible owners and
claimants of the property or any right or interest in or
lien upon the property or any part thereof as "all other
persons, if any, having any right or interest in or lien
upon the property affected by this proceeding, or any part
thereof." The petition shall state so far as is known to the
petitioner, what claim, if any, the state of New York makes
to the property in question or what interest, if any, it has
therein other than the general governmental interest or such
as exists as to all land in private ownership.
(d) An adequate description of the land and whether vacant or
improved, and if improved, the nature of the improvement,
and if occupied, the names of the occupants and the nature
of their occupancy except as to tenancies under leases for
periods not exceeding one year.
(e) A statement of the estate, interest or right claimed by the
petitioner in the property the title to which is sought to
be registered; the value of the property on the basis of the
last assessment for local taxation, and any mortgage or
other encumbrance, lien, restriction, easement, claim or
interest to which the title is subject so far as known to
the petitioner.
(f) A prayer that the title be duly registered, as belonging to
and vested in the petitioner, or as the facts may require at
the time of such registration.
(g) With said petition shall be filed an abstract of title or
search of the real property described in the petition,
either issued in the regular course of business by a
corporation duly authorized under the laws of this state to
make and certify to searches and abstracts of title or to
guarantee or insure titles to real property in this state or
certified by a member of the bar of this state, which shall
contain a full chain of title disclosing the base or
underlying title and the tax sale title, if there be one,
such chain or chains of title to commence with a full
covenant or warranty deed dated at least forty years prior
to the commencement of the proceeding, or in the absence
thereof, with a source of title generally accepted as good
in the locality in which the real property is situated, and
which abstract of title or search shall set forth all
mortgages, liens, encumbrances, wills, administration of
estates, and proceedings of all kinds and nature relating to
the real property in question. The abstract of title or
search shall be delivered by the registrar upon the filing
thereof to the attorney-general of this state for his use
and inspection, and shall be returned to the registrar with
the final order herein unless the return of same shall be
previously requested by said registrar or by the official
examiner of title.
The court may require the petition to be amended and reverified
as the circumstances of the case may demand or make proper.
Sec. 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 in the county as provided in section three
hundred and seventy-seven of this chapter and directing the
registrar to give notice of the hearing upon the petition as
provided in section three hundred and eighty-five of this
chapter, to the parties named in the petition. The order shall
also direct the registrar to give such notice to such additional
persons as the preliminary report of the official examiner of
title shows should be made parties to the proceeding. In any
event, however, the determination of the question as to
sufficiency of parties and as to due service of notice shall be
for the court as herein provided. As soon as possible after the
petition is referred to him the official examiner of title shall
file a preliminary report with the registrar as to the
sufficiency of the parties named in the petition and as to what
additional persons, if any, should be made parties to the
proceeding. The official examiner of title shall forthwith
proceed to examine the title and investigate the facts stated in
the petition or otherwise brought to his notice, and shall make a
report in writing to the court of the substance of the proof and
his conclusions therefrom. Said official examiner's report shall
set forth the exact state and condition of the title sought to be
registered which shall contain a full chain of title disclosing
the base, or underlying title and the tax sale title, if there be
one, and all mortgages, liens, encumbrances, wills,
administrations of estates, and proceedings of all kinds and
nature relating to the real property in question, and the names,
places of residence with street number, if any, and post office
addresses as far as known or reasonably ascertainable, and the
rights or interests, or claimed rights or interests, of the
petitioner and of all other persons having or claiming any rights
or interests in or liens upon said property or any part thereof.
It shall contain a statement as to the appearances of parties and
a statement as to whether all proper parties in interest have in
fact been served with the notice as provided in section three
hundred and eighty-five of this chapter and if so in what manner,
and the recommendation of the official examiner of title as to
whether further notice should be required as to persons residing
within or beyond the state from whom registered personal return
receipt cards for the notice of hearing have not been received;
it shall contain a proper reference to the survey, map or plan
provided for in section three hundred and eighty-one of this
chapter and a statement of all encroachments, if any, on any
surrounding contiguous property and the names, places of
residence with street number, if any, and post office addresses
of the owners in fee simple of such surrounding contiguous
properties, as far as they are known or can be reasonably
ascertained by inquiry on said properties or otherwise; and, as
to actual or possible owners or claimants, of the property sought
to be registered, not known or not found, it shall state fully
what search and efforts have been made to find them. All possible
owners or claimants of the property sought to be registered, or
of any right or interest therein or lien thereon, or in or on any
part thereof, who cannot be otherwise described, shall be
designated in the report and in the notice of hearing on the
petition, by the expression, "all other persons, if any, having
any right or interest in, or lien upon the property affected by
this proceeding, or any part thereof." By the statements of facts
contained in said report of title, or by separate accompanying
affidavits, or by any other additional evidences, if necessary,
or by any or all of these, sufficient facts must be shown to
satisfy the court that all owners and claimants of the property
sought to be registered, or of any right, or interest in or lien
upon the same or any part thereof, who could be found by diligent
inquiry are duly and specifically named and made parties to the
proceeding. The question of the sufficiency of the proof that all
such owners and claimants who could be found by diligent inquiry
are duly and specifically named and made parties to the
proceeding and that they have been duly served with the notice of
hearing, shall be for the court; its decision that such proof is
sufficient shall be shown by its making an order approving the
official examiner's report of title or the final order for the
registration of the title, and such decision or order shall be
conclusive as a matter of law after thirty days from the time
when a certified copy of the final order and judgment of
registration in the proceeding is filed in the office of the
registrar of the county in which the property is situated. The
abstract of title and the searches made or used by the official
examiner of title in the process of his work of examining the
title and all other proper evidences of the due examination of
the title, shall be filed immediately upon the entry of the final
order, in the office of the registrar of the county unless
otherwise directed by the court and the same shall be open to the
inspection of any interested person and shall be subject at all
times to the direction of the court. The abstract of title, the
searches and other evidences of title so filed and also all
official records referred to therein or in the report of the
official examiner of title shall be deemed to be part of the
record of the proceeding. The official examiner's report of title
shall contain a short form of description of the property the
title to which is sought to be registered, which form is to be
used in the notice provided for by section three hundred and
eighty-six of this chapter. Said official examiner's report shall
contain, or be accompanied by, any other or further information
that the court may prescribe, and shall be in such form as the
court may order or as the court of appeals may prescribe in its
rules. The official examiner of title may receive in evidence and
may base his report upon any official search or abstract or any
search or abstract issued in the regular course of business by
any corporation duly organized under and by virtue of the laws of
this state and by said laws duly authorized to make and to
certify to searches and abstracts of title or to guarantee or
insure titles to real property in this state. It shall be the
duty of any public official forthwith to certify the returns of
any search upon the requisition of any official examiner of title
and without charge or fees for the same. Where the title to the
premises sought to be registered is in whole or in part the same
as that of another parcel of land title to which has been
registered, reference to the earlier abstract on file in the
county in which the petition is filed may be made by the official
examiner of title in place of duplicating the matters therein
contained. References to official searches duly filed in the
county in which the petition is filed may be made by the official
examiner of title in place of duplicating the matters therein
contained. The papers so referred to shall have the same effect
as evidence and proof in the proceeding as said official
examiner's report of title, or said searches, as the case may be.
Where the petition seeks registration of a title subject to
restrictive covenants or agreements, it shall not be necessary to
name or serve those persons who have or claim rights to enforce
such covenants and agreements, but unless such persons are named
and served the final order and judgment of registration must
direct that the title be registered subject to such covenants and
agreements.
Sec. 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
shall be made by a competent surveyor and shall be subject to the
approval of the court, and which shall clearly show the exact
boundaries of the land and its connection with adjacent lands and
any adjoining or neighboring streets and avenues, and the
distances from such adjoining or neighboring streets or avenues,
and all encroachments, if any, and all other facts which are
usually shown by accurate surveys. If any adjacent land is
already registered, the survey must properly connect and
harmonize with the survey of such previously registered land.
There shall be attached to such survey, map or plan, and filed
with it, an affidavit of the surveyor by whom it was made, that
it was made by him personally or under his immediate supervision
and direction; that it is a survey, map or plan of the property
described in the petition or the official examiner's report of
title, and that according to the best of his knowledge and belief
said property is included in the boundaries shown on such survey,
map or plan, without any encroachments or improper erections,
except as follows: (stating and describing any encroachments or
improper locations of buildings, fences or other structures).
After the original registration of any parcel of land, a new
survey, map or plan of the same showing a subdivision thereof
into lots may be filed with the registrar after compliance with
the provisions of section three hundred thirty-four and Section
three hundred thirty-five of the real property law, as amended,
and chapter six hundred twenty of the laws of nineteen hundred
twenty-six. The filing of such a new survey, map or plan shall
outline the registered portion of the property, shall be noted as
a memorial on the certificate of title to which it relates, and
thereafter the land or any interest therein shall be transferred
or encumbered by reference to it; in the event that the old
description is used, reference must also be made to the new map.
Sec. 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 notice thereof in the offices of the county clerk and of
the registrar of each county where the property is situated,
which notice shall be made and filed in the manner prescribed for
a notice of pendency of a civil action, and shall be indexed
against the names of the petitioner and all known adverse parties
or claimants except the owners of abutting properties, and shall
constitute notice of the pendency of the petition and of the
proceeding, and shall be governed in all respects by the same
rules as a notice of pendency of a civil action, except, that, if
the petition be dismissed, or the proceeding discontinued, or in
any way terminated other than by the registration of the title,
no order for the cancellation of such notice shall be made by the
court until it is duly and fully proved to the court that the
provisions of section four hundred and ten of this chapter have
been fully complied with and performed. The notice of pendency of
proceeding filed with the registrar, as provided in this Section
shall also be noted on the "tickler certificate book" as a
petition and said notice shall be treated as, and take the place
of the petition in all cases in which this act requires the
registrar to deal with the petition, and shall be given a
petition number, beginning with number one for the first petition
filed and so on in numerical order, and also a serial number. In
any place, however, where there is a block or lot system of
indexing in use, the said notice shall be indexed according to
such system.
Sec. 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 the preliminary report of the
official examiner of title as to the sufficiency of parties, the
registrar shall cause a notice, fixing the time and place at
which the petition will be heard, to be published in a newspaper
published in the county in which the land is situated. The return
day of said notice shall not be less than twenty days nor more
than sixty days after the date of publication. The registrar
shall also, within seven days of the publication of said notice
in a newspaper, cause a copy of said notice to be sent by
certified letter, demanding a return personally signed receipt
card, to every party to the proceeding whose address is known.
The court may also cause other or further notice of the petition
to be given. The court shall, so far as it considers it possible,
require proof of actual notice to all parties who appear to have
any interest in, or claim to, the land included in the petition.
Notice to such persons by mail shall be by certified letter,
demanding a return personally signed receipt card. The registrar
shall also cause the notice of such proceeding and hearing to be
posted, at least fourteen days before the return day, in a
conspicuous place on each parcel of land affected by the
proceeding. The certificate of the registrar that he has served
the notice as directed by the court, by publishing and mailing,
and that the notice has been duly posted upon the land, shall be
filed in the case, with affidavits in support of the same, on or
before the return day, and shall be proof of such service. The
necessary disbursements of the official examiner of title in the
course of his work, the expense of the publication, the mailing,
the disbursements for service of the notice, and the posting on
the land of the notices shall be paid by the petitioner. Upon the
return day the hearing may be adjourned from time to time by the
court on its own motion or on the motion of the official examiner
of title, or of any party. Service of notice upon the people of
the state of New York may be made by mailing a copy of said
notice securely inclosed in a postpaid wrapper and directed to
the attorney general of the state of New York. Where the people
of the state of New York or any municipality in the state is made
a party to the proceeding or appears therein the registrar shall
serve upon the state or such municipality on its appearance in
such proceeding by the attorney general or corporation counsel or
officer discharging similar functions, a copy of the petition,
abstract of title and survey filed which abstract of title shall
contain a full chain of title disclosing the base or underlying
title and the tax sale title if there be one, and all mortgages,
liens, encumbrances, wills, administrations of estates, and
proceedings of all kinds and nature, relating to the real
property in question, as required by this article. Unless the
court otherwise directs no report shall be made upon the
petition, until the time specified in the notice of the hearing
on the petition, and, if any adverse claimant or objector
appears, the report shall not be confirmed until opportunity is
given to contest the rights of the petitioner in such manner as
shall be allowed by the court. The court may refer to the
official examiner of title any controverted matter or question
for hearing and report. Default shall be noted on the failure to
appear of any of those on whom the notice of hearing has been
served and upon petition to the court a final order and judgment
of registration may be entered at once on the failure to appear
and object of all persons so served. The official examiner's
report upon being presented to the court shall be prima facie and
presumptive evidence of the facts stated therein, and all
statements in the report shall be taken and construed as
statements of fact, unless they are expressly declared therein to
be conclusions or opinions. In no case shall the court be bound
by the report of an official examiner of title but may require
other or further proof. If any party to the proceeding
controverts any statement contained in the official examiner's
report, the facts controverting such statement must be
specifically pleaded and set forth and must be established
affirmatively by the party pleading or setting forth the same.
The trial of any issue raised shall be governed by and shall
proceed according to the laws of this state and the rules of the
court in so far as the same are not expressly abrogated or
modified by this article.
Sec. 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 court and subscribed by the registrar, and shall
be in form substantially as follows:
REGISTRATION OF LAND TITLE.
Supreme Court ............ County.
In the matter of the petition of (here insert name, place of
residence with street number if any, and post-office address
of petitioner) to register the title to certain lands
described as follows (here insert description of land).
To (here insert the names of all other parties to the
proceeding).
To all whom it may concern:
Pursuant to the order of the Hon. ........ made herein, take
notice, that at ........ in said county of ........ on the
........ day of ........, nineteen hundred and ........, at
........ o'clock in the forenoon the petition above
mentioned will be heard and unless you appear at said time
and place and show cause why such petition shall not be
granted, your default will be noted and a decree will be
entered according to the prayer of the petition and you will
be forever barred from contesting said petition or any
decree entered thereon.
Witness Hon. ........, Justice of said court, this ........
day of ........, in the year nineteen hundred and ........,
Registrar of the county of ........ .
Sec. 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 the title was examined and reported and
certified, to act as guardian ad litem for all minor persons and
for all persons under other disability appearing by the petition
or by the official examiner's report of title to have interests
adverse to those of the petitioner. The petition for the
appointment of said guardian ad litem may be made by the
petitioner ex parte at any time during the pendency of the
proceeding. The guardian ad litem thus appointed upon the
application of the petitioner may be the attorney general of the
state of New York, unless it appears to the court that the state
of New York has or claims some interest adverse to that of the
person or persons for whom the attorney general would thus be
appointed guardian ad litem. The question as to the existence of
such adverse claim or interest shall be for the court; and an
order appointing the attorney general as such guardian ad litem
shall be sufficient proof that no such adverse claim or interest
exists. Such an order shall be conclusive as a matter of law
after thirty days from the time when a certified copy of the
final order or judgment of registration in the proceeding is
filed in the office of the registrar of the county in which the
property is situated. It shall be the duty of such guardian ad
litem actively to ascertain and protect as is reasonably
possible, the interest of all minor parties to the proceeding and
all other parties under disability. The compensation of such
guardian shall be one hundred dollars, unless the court directs
otherwise; but the attorney general shall not receive any
compensation for acting as such guardian ad litem. No issue
requiring a trial shall be raised by the answer of a guardian ad
litem of any minor party or party under other disability unless
it shall affirmatively appear by the official examiner's report
or by answer of the guardian ad litem that such minor party or
party under other disability has an interest adverse to the title
or interest sought to be registered.
Sec. 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 named in the notice or not, may
enter his appearance by serving a copy of the same on the
registrar of the county in which the property is located and with
the clerk of the supreme court in such county, and filing the
original thereof together with proof of service with the county
clerk on or before the return day or within such further time as
may be allowed by the court; and may enter his objections, if
any, by likewise serving a copy of the same on the registrar of
the county in which the property is located and with the clerk of
the supreme court in such county, and filing the original thereof
together with proof of service with the county clerk on or before
the return day or within such further time as may be allowed by
the court; and may oppose the petition for registration of the
property as belonging to the petitioner, or set up a cross-demand
to have the title registered in his own behalf. In any case, he
shall state particularly what his interest is and shall
specifically state all objections to the petition.
Sec. 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 or any part thereof is vested, whether in the
petitioner, or in any other person, and may remove clouds from
the title, and may determine whether or not the same is subject
to any lien or incumbrance, estate, right, trust or interest, and
may declare and fix the same, and may direct the registrar to
register such title, right, or interest, and in case the same is
subject to any lien, incumbrance, estate, trust or interest, may
give directions as to the manner and order in which the same
shall appear upon the certificate of title to be issued by the
registrar, and generally in such a proceeding, the court may make
any and all such orders and directions as shall be according to
equity in the premises and in conformity to the principles of
this article. But no final order or judgment of registration of a
title shall be made or entered until proof is duly made in the
proceeding by the report of an official examiner and by the
certificate or receipt of the officer entitled to collect the
taxes, assessments or water rents, that all taxes, water rents
and assessments that may at that time be a lien on the property,
right or interest the title to which is so registered, have been
fully paid and discharged, unless the court directs the title to
be registered subject to any such tax, water rent or assessment,
which said tax, water rent or assessment must then be noted on
the certificate of title. Where the title to be registered is
subject to restrictive covenants or agreements, and it shall
appear to the court either that said restrictive covenants or
agreements have been violated or that by reason of the proper
parties not having been joined the court should not proceed to
determine whether said restrictive covenants or agreements have
or have not been violated, then in either case title may
nevertheless be registered; but the final order or judgment of
registration must direct the registration to be "subject to any
question as to whether covenants (specifying them) have been
violated," and the certificate of title shall so note; and then
the rights in respect to such covenants of any person interested
therein shall not be affected by such final order or judgment or
registration. When the land the title to which is to be
registered abuts upon any street, avenue, road or way the final
order or judgment of registration may provide for the
registration of the petitioner's interests or rights in and to
such street, avenue, road or way; but if such final order or
judgment fail so to provide, then the interests or rights of the
petitioner in such street, avenue, road or way shall become and
be parcel of or appurtenant to the property registered, and shall
be included in any conveyance of or incumbrance or lien upon such
registered property, unless it is expressly reserved in or
excepted from such conveyance, incumbrance or lien. Such express
reservation or exception shall be effected only by a clause
directly reserving or excepting such interests or rights in such
street, avenue, road or way and shall not be implied from the
language used in any description of the registered property
subsequent to the initial registration thereof.
Sec. 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 reasonable doubt. The final order
entered upon an application for registration is deemed to be a
final judgment and may be entered and docketed and enforced as a
final judgment in an action. Before the final order can be
docketed, an enrollment must be filed thereupon as the judgment
roll in an action, as provided in Section three hundred and
ninety-three of this chapter. The judgment and any order made and
entered in a proceeding under this act shall, except as herein
otherwise provided, be forever binding and conclusive upon the
state of New York and all persons in the world, whether mentioned
and served with the said notice specifically by name, or included
in the description, "all other persons, if any, having any right
or interest in, or liens upon, the property affected by this
proceeding, or any part thereof." It shall not be an exception to
such conclusiveness that any such person is an infant, mentally
ill or is under any other disability or is not yet in being.
Sec. 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
in the case of a deed obtained by fraud, provided that such
proceedings for setting aside the registration shall not
injuriously affect the rights of an innocent purchaser or
incumbrancer of the property after such registration, for value
and without actual notice of the fraud, and provided further that
the action or other proceeding to set aside such registration be
commenced within ten years from the time when the final order or
judgment of registration was filed in the office of the county
clerk of the county in which the property is located. No action
or proceeding or appeal shall lie or be commenced, except on the
ground of fraud as above stated, to set aside or appeal from any
final order or judgment of registration or to modify or affect
the same or for the recovery of registered property or any
estate, right or interest in or lien upon the same or any part
thereof, or to make any entry thereon, adversely to the title or
interest registered therein, as directed by a final order or
judgment of registration of the court, unless such action or
proceeding or appeal is commenced or taken within thirty days
after a certified copy of such final order or judgment of
registration is filed in the office of the registrar of the
county in which the property is located.
Sec. 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 the office of the clerk, consisting of the
petition, the notice with proof of service, the official
examiner's report, all orders and all other papers necessarily
affecting the final order of registration. The clerk upon payment
of a fee of ten dollars shall cause a copy of said judgment of
registration to be certified and transferred to the registrar of
his county, who shall forthwith file the same in his office.
Sec. 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, right or interest registered by him
pursuant to this article. Said certificate shall bear the date of
its issue (the day and year), and be under the hand and official
seal of the registrar, and be numbered in the order of its issue.
If the owner is a minor, it shall state his age; if he is under
any other disability, it shall state the nature of such
disability. The registrar shall make proper memorials or
notations on the certificate, showing in such manner as to set
forth and preserve their priorities, the particulars of all the
estates, mortgages, trusts, liens and charges, to which such
owner's title is subject. No such memorial or notation shall be
more than one folio (one hundred words), in length; but it may
refer to covenants, restrictions, trusts and forms recorded in
the "book of covenants, restrictions, trusts and forms" provided
for by this article. The form of the first certificate of title,
as set forth in section four hundred and thirty-five of this
article, shall be subject to such changes as may be required in
any case. All subsequent certificates shall be in like form,
except that in place of the words "first certificate," et cetera,
shall be the words "transfer from number..." (the number of the
next previous certificate); also the words "first
registered......" (date of first registration). On the back or
reverse side of every certificate shall be printed, in plain
legible type, the whole of section four hundred of this chapter.
Sec. 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" certificates of title by binding or
recording them therein, with appropriate blanks for the entry of
memorials and notations prescribed by this article. Said book
shall be of about the size of the conveyance libers, now used in
county clerks' and registers' offices. Each certificate shall
constitute a separate leaf of such book. About two inches of each
leaf on the binding edge shall be kept blank on both sides, to
facilitate rebinding. At such times as may be proper, the
registrar may rebind the certificates in new volumes or title
books, containing respectively cancelled and uncancelled
certificates. All memorials and notations, that may be entered in
the title book under the terms of this article, shall be entered
upon the leaf constituting the last certificate of title of the
property to which they relate. In the county of Suffolk, if a
microfilm system for retrieval and display of the title
certificates is used, libers may be stored in a location not
accessible to the public. Whenever the term "certificate of
title" is used in this article it shall be deemed as including
all memorials or notations thereupon noted.
Sec. 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 will be the owner's proof of
ownership for the property, and forward the same to the owner.
This duplicate shall be known as the owner's duplicate
certificate of title, and shall be plainly stamped across its
face. Only one owner's duplicate certificate of title shall be
issued. Replacement of such document shall be made in the manner
prescribed under section four hundred fourteen of this chapter.
Said request for owner's duplicate certificate of title shall be
in the form annexed hereto. At the time of filing, two copies of
the deed shall be submitted, a copy of the deed shall be
conformed and returned to the party indicated in the return
address box.
FORM
The undersigned, one of the Registered owners of the
property described in Certificate number....... does request
the issuance and delivery of said Owner's Duplicate
Certificate of Title to him/her: Name: Address: Signature:
Sec. 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 against the same, subsequent to
the filing of the application, except when they are modified or
set aside by a judgment, decree or order of the court. On and
after the filing with the registrar of the notice of application
for the registration of any real property, and until the same is
registered, or the application is denied, dismissed, or
discontinued, all papers which are required or permitted by this
article to be filed against registered property, except the
papers in the action, shall be filed with the registrar as if the
property were registered.
Sec. 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 expiration of the time herein
limited to bring an action or proceeding to set aside the final
order or judgment of registration shall be received as evidence
in all the courts of the state, and in all courts and places
shall be prima facie evidence that the provisions of law up to
the time of issue of such certificate or duplicate, or of the
time of entry of the last memorial thereon, have been complied
with, and that such certificate of title has been issued in
compliance with a valid final order or judgment, and that the
title to the property is as therein stated; and after the
expiration of such time limited for bringing said proceedings to
set aside said final order or judgment, such certificate or copy,
up to the time of its issue, shall be so received as evidence in
all courts of the state, and shall be conclusive evidence of the
same facts. Every memorial or notation or cancellation thereof
made on any certificate or duplicate or copy thereof shall be
signed by the registrar or his deputy or his duly authorized
deputy or clerk.
Sec. 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, and a purchaser of registered real property, who takes a
certificate of title for value and in good faith, shall hold the
same free from all incumbrances, charges, trusts, liens and
transfers, except those noted on the certificate in the
registrar's office, and any of the following which may exist:
First. Liens, claims, or rights arising or existing under
the laws or constitution of the United States, which the
statutes of this state do not require to appear of record;
Second. Any tax, water rate, or assessment which becomes a
lien on the property after initial registration and for
which a sale has not been made;
Third. Any lease or agreement for a lease, made after or
pending registration, for a period not exceeding one year,
where there is actual occupation of the land under the lease
or agreement;
Fourth. Easements or servitudes which accrue against the
property after initial registration in such manner as not to
require their registration.
Except as specified in the foregoing statement of exceptions, no
incumbrance, charge, trust, lien, or transfer shall take effect
upon or over real property the title to which has been
registered, unless the instrument creating and setting forth such
incumbrance, charge, trust, lien, or transfer has been filed with
the registrar and a memorial or notation thereof made upon the
certificate of title covering the property.
Sec. 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.
Sec. 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 estate or interest therein or lien or charge
thereon from the registered owner shall be required to inquire
into the circumstances under which, or the consideration for
which such owner or any previously registered owner had the title
registered, nor shall such transferee be affected with notice,
actual or constructive, of any unregistered trust, lien, claim,
demand or interest whatever; and the knowledge that an
unregistered trust, lien, claim, demand or interest is in
existence shall not of itself be imputed or treated as fraud.
Sec. 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, the registrar shall delete the
mortgage from the memorial on the certificate of title.
(b) Whenever a memorial or notation has been entered as
permitted by this article, the registrar shall carry the
same forward upon all certificates of title until the same
is cancelled in some manner authorized by this article.
Sec. 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 interest or title, that the property
shall be subject to the terms of this article, and all amendments
and alterations thereof, and all dealings with the property so
registered, or any estate, right or interest therein, after the
same has been brought under this article, and all liens,
incumbrances and charges upon the same after the first
registration thereof shall be subject to the terms of this
article.
Sec. 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 twelve thereof may be withdrawn
from such registration upon application to the supreme court by
the owner of the fee title to the property. An application for
such withdrawal from registration may be filed with the registrar
of the county in which the title is then registered and shall be
entitled "in the matter of the application of (stating the name
of the registered owner) for the withdrawal from registration of
the title to certain lands." Such application, in such form as
may be approved by the registrar, must be made by the registered
owner of the fee of the real property. It shall set forth and
recite in detail the name and postoffice address of the
registered owner, the number of the certificate of title last
issued, the date of the last registration of the title, a
description of the real property as stated in the certificate of
title together with a reference to the proper section, block and
lot numbers if any, a complete recital of all memorials entered
on the certificate of title, the names and addresses of all
persons owning any incumbrance, charge, trust or lien on the
premises, a statement of all unpaid taxes, assessments and water
rates due and payable, a statement of the circumstances existing
which render continued registration of the title impracticable
and inexpedient, and a prayer for the withdrawal from
registration. The application shall be duly verified and executed
in duplicate. The registrar shall file one copy as a document in
his office and enter the same as a memorial on the certificate of
title to which it relates. The other copy shall be delivered to
an official examiner of title who shall forthwith proceed to
examine the title since the date of the first or initial
registration thereof and investigate the facts set forth in the
application. Thereafter he shall make a report in writing to the
supreme court of his findings and a recommendation as to the
proper disposition of the application. The registrar shall set
down a date for hearing on the application in the "title part" of
a special term of the supreme court, which date shall be not less
than twenty days after the filing of the application; and he
shall notify by certified mail demanding a personally signed
return receipt card all persons or parties who appear by the
report of the official examiner of title to have any interest in
or incumbrance, charge, trust, or lien upon the said real
property. At the hearing any of the parties in interest may
appear and consent or object to the granting of the prayer of the
application. Whether granted or denied, the supreme court shall
enter an order disposing of the application and after such order
is filed with the clerk of the county a transcript or certified
copy of the same shall be filed with the registrar and by him
entered as a memorial on the certificate of title. When the order
of the supreme court grants a withdrawal from registration of a
title to real property as herein provided, the registered owner
thereof shall forthwith deliver to the registrar and surrender
his owner's duplicate certificate of title, or if the same has
been lost or destroyed a new owner's duplicate certificate of
title obtained as provided in section four hundred fourteen of
this chapter. The registrar shall then cause the owner's
duplicate certificate of title to be recorded in the office of
the recording officer of the county in which the real property is
located, and thereafter permanently filed in his own office. A
certified copy of the record shall be delivered to the registered
owner as his future evidence of title.
The recording of the owner's duplicate certificate of title shall
be notice of the recitals and matters therein contained, and
shall also be notice of the fact that the title to the real
property therein described is no longer registered nor subject to
the provisions of article twelve of this chapter. From the time
of such recording and until any future or further registration of
the title thereof, said property shall be and become as to all
matters subsequent to the time of such recording subject to all
provisions of law relating to real property the title to which
has not at any time been registered.
The final order and judgment of registration by the court
pursuant to which the aforesaid title to real property was
originally registered shall continue to be binding and conclusive
as a decree or judgment of the supreme court in the same manner
and to the same extent and be of the same force and effect as if
the said title had not been withdrawn from registration in
accordance with the provisions of this section.
The fee of the registrar for all services rendered by him and by
the official examiner of title pursuant to this section shall be
the sum of one hundred dollars payable at the time of filing of
the application for withdrawal from registration, and one-half of
the said fee shall be transferred by the registrar to the
assurance fund provided for by section four hundred and twenty-
six of this chapter. In addition thereto the applicant shall pay
to the registrar and the official examiner of title, their
necessary expenses and disbursements incurred in connection with
the withdrawal of the title from registration.
Sec. 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 real property, except as
otherwise expressly provided in this article or any amendment
thereof.
Sec. 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 interest therein, shall execute to the intended
transferee a deed or instrument of conveyance in any form
authorized by law. Such deed or instrument of conveyance shall
have recited therein a statement or reference setting forth the
source of the title of the grantor or the circumstances under
which the title was acquired by him. Upon filing such deed or
other instrument in the registrar's office and surrendering to
the registrar the duplicate certificate of title, he shall then
make out and register as herein provided a new certificate and
also an owner's duplicate certificate of title certifying the
title to the estate or interest in the property conveyed to the
transferee and shall enter upon the original and duplicate
certificate the date of the transfer, the name of the transferee
and the number of the new certificate, and shall stamp across the
original and surrendered duplicate certificates the word
"cancelled." Title to such property shall not pass by such
transfer until the transfer is registered as prescribed by this
section.
Sec. 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 parts of lots on a map duly filed in the office
of the county clerk, the transfer must be accompanied by a survey
from a licensed land surveyor under seal of the said parcel. Said
transfer and survey shall be filed as a document and memorialized
against the certificate.
Sec. 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 registrar in an "entry book" under columns showing:
First. The serial number;
Second. Day of filing;
Third. Filing number of petition to which it relates if the
registration proceedings are still pending;
Fourth. Certificate number, if registration proceedings are
completed and certificate has been issued;
Fifth. Kind of paper filed;
Sixth. Name of the person in whose interest the paper is
filed.
Every paper filed with the registrar affecting property for which
registration proceedings are pending shall in addition to its own
serial number receive the petition number and be kept by the
registrar with the petition to which it relates or affects. The
registrar shall provide a book to be known as "the tickler
certificate book" wherein he shall note all filed papers
affecting property for which registration proceedings are
pending. Each page shall constitute a separate tickler
certificate, and on said certificate he shall enter the character
of the paper, the date of filing and the filing or serial number.
The tickler certificate, subject to such change as the case may
require, shall be substantially as follows:
Petition number ........
This certifies that the following papers have been filed in
the office of the registrar of ........ county affecting, or
in connection with an action or proceeding to register the
title to the following described real property, to wit:
(The description to appear here) CH575 of 1929
A memorial of every paper filed with the registrar affecting
title to registered property shall be entered at once upon the
last original certificate to which it relates. Every paper filed
with the registrar affecting title to property shall be indexed
from its contents as follows: In an index showing in alphabetical
order in one column or in a set of columns the names, places of
residence with street numbers, if any, and post office addresses
of all persons in whose interests petitions for registration of
title are filed; the names, places of residence with street
numbers, if any, and post office addresses of all persons to whom
any interest, right or power in real property is granted or
released; and the names, places of residence with street numbers,
if any, and post office addresses of all persons claiming an
interest in real property; also, in separate columns the kinds of
papers filed, the numbers of the filed papers, the dates of
filing, the filing numbers of petition to which they relate (if
petition is pending) and the numbers of the last original
certificate to which they relate (if the title to the property is
registered). Whenever a judgment or an order of court directs
that the title to real property be registered, it shall also
direct the registrar to transfer all proper liens and
incumbrances filed against the property pending registration to
the certificate of title so to be issued. In those counties which
have block indexes, an index shall be kept by blocks of all
registered property described by lot, diagram or other
appropriate designation, and the owners thereof with a reference
to the certificate numbers in which the properties are
registered; if any system of indexing by lot numbers is in use
the index lot numbers shall be shown. There shall also be kept in
those counties a block index of conveyances and a block index of
mortgages for registered lands in substantially the same form
with necessary changes as provided in the respective block index
laws of those counties. In counties which have no block indexes
the registrar shall also keep an index of all properties
registered under this article, in which such registered
properties shall be indexed according to a brief description
thereof.
Sec. 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 counties in which the land title to which is
sought to be registered is located shall make an entry of the
petition to register such title in the alphabetical index of
conveyances, and in counties having a block index system, in the
block index of conveyances, showing the date of such filing and
in the grantor column the name of the petitioner, and the name of
the owner where the petitioner is the holder of a contract to
purchase the premises, together with a reference to the serial or
document number given to such notice by the registrar and the
number of the proceeding to which it relates.
Recording officers are authorized and directed to index in like
manner in the alphabetical index of conveyances, and in counties
having a block index system, in the block index of conveyances,
all applications or petitions to register titles to land
heretofore filed in the office of the registrar of the county.
Sec. 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 the order of their filing as shown by their filing numbers, as
are similar papers when recorded by county clerk or registers
under the recording acts. Should an action for registration be
discontinued or otherwise terminated without registration, an
order of court to that effect shall be filed with the registrar,
who shall at once cause all the papers relating to the title to
the property affected, filed with him, except the notice of
application and said order, to be recorded or filed, and indexed,
by the county clerk or register (as the case requires) in the
order of their filing, on payment of the statutory fees.
Sec. 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 address of the person in whose behalf it is
filed. The address may be changed from time to time, by such
person filing with the registrar a written notice of such change.
Sec. 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 of the registrar of the county where the
property is located and a serial number and certificate number
assigned to the instrument; all other dealings shall be
considered as registered when the document has been filed of
record in the office of the registrar of the county where the
property is located and a serial number and certificate number
has been assigned the instrument.
Sec. 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, the registrar shall issue to such
owner, at his option, separate certificates, each for a portion
of such property in accordance with such application; and upon
issuing any such certificate of title, said registrar shall
indorse on the last previous certificate of such property so
delivered up a memorial setting forth the occasion of the
cancellation thereof and referring to the number or numbers of
the new certificates of title so issued.
Sec. 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 with the registrar a verified petition.
Such petition shall conform to the form annexed hereto, which may
be made available by the registrar. Upon filing of such petition,
the registrar shall issue a new duplicate certificate, which
shall contain a memorandum of the fact that it is issued in place
and stead of the lost or destroyed certificate, and which shall
be entitled to like faith and credit as the original duplicate
certificate. Any previously issued owner's duplicate certificate
of title becomes void and invalid.
FORM Article 12 Section 414 R.P.L.
Petition may only be submitted by the owner, or the current
grantee with proper certified deeds submitted
simultaneously.
ANY FALSE STATEMENT MADE HEREUNDER IS A VIOLATION
OF STATE LAW AND MAY SUBJECT THE PERSON TO CIVIL AND
CRIMINAL PENALTIES.
--* * * * * *--
PETITION TO REPLACE LOST OR DESTROYED OWNER'S DUPLICATE
CERTIFICATE OF TITLE
STATE OF NEW YORK)
COUNTY OF ) ss.:
_____________ owner's name(s) ____________________________
being duly sworn, deposes and says that he-she-they is/are
the Petitioner(s) and reside at ____________________________
and is/are of legal age; that he-she-they is/are the
owner(s) of the following described property
((property description)) under Certificate of Title Number
________________ under the Land Title Registration Law. A
thorough and complete search has been made for the Owner's
Duplicate Certificate of Title number ____________. Said
Owner's Duplicate Certificate of Title can not be located.
This petition is being made to direct the Registrar of
__________ County, to issue in place and stead, a new
Owner's Duplicate Certificate of Title number __________ in
the name(s) of __________________________________________
with all memorials placed thereon. Upon the filing of this
affidavit, I/we realize any previously issued Owner's
Duplicate Certificate of Title becomes void and invalid.
_________________________ LS
Petitioner
VERIFICATION
STATE OF NEW YORK)
COUNTY OF ) ss.:
I/we ____________ name(s) _______________ being sworn,
say(s): I/we am/are the Petitioner(s) in the within action:
I/we have read the foregoing Petition and know the contents
thereof: the same is true to my own knowledge, except as to
the matters herein stated to be alleged on information and
belief, and as to those matters I/we believe to be true, and
have furnished the following proof of identification: ______
________________________.
________________________ LS
petitioner) Sworn to before me this _______ day of
____________ 19 ___. _____________________ Notary Public
Sec. 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 on registered property or any right or interest
therein, may be registered as herein provided.
Sec. 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 certificate of title, he shall enter upon the
certificate of title and upon the duplicate certificate a
memorial thereof and the date of filing the instrument with a
reference to its file number, which memorial shall be signed by
the registrar who shall deliver to the person filing such
instrument a certified copy of such instrument, if it is a
mortgage, certified to be the "registration copy of mortgage."
The registrar shall also note upon the instrument filed the
number of the certificate on which the memorial is entered. Any
mortgage registered pursuant to this section shall be subject to
the provisions of article eleven of the tax law (being chapter
sixty-two of the laws of nineteen hundred nine), and amendments
thereof in the same manner as if said mortgage were recorded, as
provided by section two hundred fifty-three of said tax law.
Sec. 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 this state, shall be or become a lien or
charge on real property, or any right or interest therein, the
title to which has been registered, unless a transcript, or
certified copy, or other duly made or certified document, which
is by law proper evidence in a court of record, of such judgment,
decree, attachment, mechanic's lien, or other lien or charge,
shall be duly filed with the registrar, and a proper memorial
thereof made by him upon the certificate of title in the title
book. Such transcript, or certified copy, or other duly made or
certified document so filed shall have plainly written or stamped
thereon the number of the certificate of registration of the
title to the property to be affected and bound thereby by virtue
of such memorial on such certificate, and it shall be the duty of
the registrar to make such memorial immediately on receipt of the
same. A discharge, cancellation, or modification of any judgment,
decree, attachment, mechanic's lien, or other lien or charge, so
noted on the certificate, shall not affect or be binding upon the
registered property, right, or interest, unless on like evidence
a memorial thereof shall be made by the registrar on such
certificate.
Sec. 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 execute an assignment of the whole or any part
thereof; and upon such assignment being filed in the office of
the registrar, the registrar shall enter in the title book a
memorial of such transfer with a reference to the assignment by
its file number; he shall also note upon the instrument on file
in his office intended to be transferred, and upon the
registration copy thereof produced, the number of the certificate
on which the memorial is entered, with the date of the entry.
Sec. 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 be effected by the production of a release,
discharge or satisfaction, duly executed and acknowledged, made
in any form authorized by law, except as herein provided. Any
tax, water rent or assessment, subject to which the title has
been registered and which has been noted on the certificate of
title as provided in section three hundred ninety of this
chapter, may be released and discharged in the same way upon a
receipt therefor being issued and duly certified by the receiver
of taxes or collector of assessments and arrears or other duly
authorized officer, as the case may require, and delivered to the
registrar and filed in his office. The receiver of taxes or
collector of assessments and arrears or such other duly
authorized officer, as the case may require, upon demand of any
owner of registered property, shall execute, certify and deliver
to such owner such receipt when any such tax, water rent or
assessment has been paid upon such registered property.
Sec. 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 as now allowed by law; and all laws with
reference to the foreclosure, release or satisfaction of
mortgages shall apply to mortgages on registered property or on
any estate, right or interest therein, except as herein otherwise
provided, and except that until notice of the pendency of any
suit to enforce such mortgage, charge, lien or incumbrance is
filed in the registrar's office and a memorial thereof entered on
the certificate in the title book, the pendency of such suit
shall not be notice to the registrar or to any person dealing
with the property or any right or interest therein. Upon the sale
under foreclosure or other action or proceeding directing the
sale of real property, the title to which is then a registered
title, it shall be the duty of the officer making the sale to
report such sale to the justice assigned to the "title part" of
the special term, who shall thereupon designate an official
examiner of title to examine into the action or proceeding or any
other fact or circumstance affecting the title since the last
registration thereof. The examiner of title shall prepare his
report immediately and shall file one copy with the court
designating him and one copy with the officer making the sale.
The officer making the sale shall not deliver a deed of the
property sold until the examiner's report is filed with him
showing the regularity of the acts and proceedings subsequent to
the last registration of title. The justice of the "title part"
shall upon the production of the deed from the officer making the
sale and upon the report of the examiner approve said deed and
make an order directing the registrar to register the title
accordingly. The fees for the services of the official examiner
under this section shall not exceed the sum of five dollars
unless an additional allowance is directed by the justice of the
"title part. "
Sec. 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 for another, the deed or instrument
empowering him so to act shall be filed with the registrar and a
memorial thereof shall be entered upon the certificate in the
title book, in like manner as in the case of a charge or
incumbrance. A revocation of such power of attorney may be
registered in like manner as such power of attorney was
registered.
Sec. 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 book
of any deed, mortgage or other voluntary instrument presented for
registration, the questions shall be referred to the court for
decision, either on the certificate of the registrar stating the
question, or upon the suggestion in writing of any party or
parties in interest; and the court, after due notice to all
parties in interest, and a hearing, if necessary or proper, shall
enter an order prescribing the form of the memorial to be made by
the registrar, who shall make the memorial accordingly. In any
judicial proceeding affecting property, the title to which is
then a registered title, the court upon the application in
writing of any party or parties in interest after due notice to
all other parties in interest and a hearing, if necessary or
proper, shall enter an order prescribing the form of any memorial
that should be made by the registrar in the title book because or
as the result of such proceeding; and the registrar, upon the
production of a certified copy of such order, shall make the
proper memorial in accordance with such order. After making such
memorial in the title book the registrar shall also make all
other memorials on existing certificates or make and deliver any
new certificates according to the circumstances and in the manner
required herein.
Sec. 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 survivorship to present to the registrar a petition on
the annexed form, for the transfer of the title into the name of
the survivor. The registrar shall upon payment of the required
fees, memorialize said petition showing the change of ownership,
delete the name of the deceased, and recertify title to the new
owner on the existing certificate of title. Upon the death of an
owner of registered real property, it shall be incumbent upon the
executor or administrator of the estate of the deceased, to
present to the registrar a petition on the annexed form, for the
transfer of title into the name of the executor or administrator,
or upon filing of a deed executed by the said executor or
administrator, in the name of the grantee therein. The registrar
shall upon payment of the required fees, memorialize said
petition showing the change of ownership, and issue a new
certificate of title to the executor or administrator. Upon the
death of an owner of registered real property, having died
intestate, it shall be incumbent upon the heirs-at-law to obtain
a verified petition and order, consented to by the registrar, the
state attorney general and signed by a justice of the supreme
court. Sufficient and conclusive evidence as to the heirs-at-law
must be made part of the proceeding. Upon filing of said
completed proceeding with the registrar, together with filing
fees, the registrar shall issue a certificate of title as
directed by the order.
Upon the coming to age, or freedom from disability of a person
whose guardian, committee or conservator is a registered owner as
above described, or upon a transfer of the powers and duties of
an executor, trustee or other person acting in a representative
capacity, or upon any other transfer of registered ownership or
nominal change of ownership by death or process of law or
otherwise in a case not otherwise provided for by this article, a
petition may be made to the court for an order directing the
registrar as to the persons in whose name or names and in what
manner the title shall be registered and a new certificate
issued; and the court, on such petition and on due notice to the
persons who in the opinion of the court shall be parties in
interest and after a hearing, if deemed necessary or proper,
shall enter an order prescribing the name or names and the manner
in which the title shall be registered.
Any petition permitted under this section shall, in addition to
any other proper allegations, set forth the names and known
places of residence of the petitioner and the persons having or
claiming any interest in the registered premises under a
certificate of title, or a registered instrument, or by operation
of law; and the people of the state of New York, with reference
to which latter party a further allegation shall be made in
substantial conformity with the statement pertaining to the state
of New York provided for under subdivision (d) of section three
hundred seventy-nine of this article. Such petition shall be
filed with the clerk of the county in which the original
registration was had, and a copy thereof shall be filed with the
registrar of such county, who shall memorialize said copy of
petition upon the last original certificate to which it relates,
which memorial shall also have the same effect as a notice of
pendency of an action under the civil practice act. Immediately
upon the filing of such petition and a copy thereof as aforesaid,
the court shall provide for due notice to be given to the parties
in interest by entering an order, either directing the registrar
to give notice of the hearing upon the petition to the parties
named therein, and to any additional parties named in the order
who in the opinion of the court shall be parties in interest, by
publishing and mailing such notice at the expense of the
petitioner, in the manner prescribed in section three hundred
eighty-five of this article for the publication and mailing of
the notice of hearing in an original registration proceeding; or
in the alternative, directing that service of the notice be made
personally in the manner provided for the personal service of a
summons under article twenty-five of the civil practice act,
respecting which latter procedure involving personal service the
court, in its proper discretion, may provide that the notice be
made returnable at any time not less than eight days after
completion of service thereof and may fix the time when service
thereof will be deemed complete. The form of the notice of
hearing contemplated herein shall be substantially the same as
that provided for under section three hundred eighty-six of this
article, except that it may be entitled "Transfer of Registration
of Land Title," and that the object of the proceeding may be
stated therein to be to obtain registration of title in, and the
issuance of a new certificate of title to, the petitioner or any
persons entitled thereto, any appropriate language being
sufficient. The notice may be subscribed by either the registrar,
or the attorney for the petitioner, as the case may require. The
certificate of the registrar that he has served the notice as
directed by the court, by publishing and mailing, shall be filed
in the case, with any necessary affidavits in support of the
same, on or before the return day, and shall be proof of such
service. The court in a proper case may dispense with the mailing
of the notice of hearing, in substantial conformity with the
practice prescribed in rule fifty of the rules of civil practice,
and may also cause other or further notice of the petition to be
given.
Sec. 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 any event shall be as follows:
FORM Article 12, Section 423 (a) R.P.L.
ANY FALSE STATEMENT MADE HEREUNDER IS A VIOLATION OF THE
STATE LAW AND MAY SUBJECT THE PERSON TO CIVIL AND CRIMINAL
PENALTIES.
--* * * * * *--
PETITION FOR REISSUANCE OF CERTIFICATE OF TITLE FOR
SURVIVING SPOUSE OR JOINT TENANT WITH RIGHT OF SURVIVORSHIP
STATE OF NEW YORK)
COUNTY OF ) ss.:
_________ deponent ________________________ being duly
sworn, deposes and says that he/she is the Petitioner herein
residing at ___________ address __________ and of legal age,
and that he/she is the surviving spouse of ______________
name ______ deceased. At the time of death, deponent was
married to the deceased, that the marriage had not been
annulled or dissolved and that no legal separation had been
obtained. OR that he/she is the surviving joint tenant with
right of survivorship. That _____ deponent _________ and
________ spouse/deceased joint tenant ________ were the
registered owners as tenants by the entirety/joint tenant
with right of survivorship of the property under Certificate
of Title number _____. The deceased _______ name ___________
died _________ date ________ as evidenced by a death
certificate attached hereto. This petition is being made
pursuant to Section 423 R.P.L., to direct the Registrar of
_________ County to reissue Certificate of Title number
_________ to ____________ deponent _________ residing at
__________ address ______ for the following described
property:
((property description)) (For JOINT TENANT petition only)
Property is subject to Estate Taxes against the estate of
_______ Joint Tenant _____, deceased, if any. The original
Owner's Duplicate Certificate of Title is surrendered
herewith ((or)) The production of the original Owner's
Duplicate Certificate of Title is hereby dispensed with, by
reason of ______ lost/stolen ________.
_________________________ LS
Petitioner(s)
VERIFICATION
STATE OF NEW YORK,
COUNTY OF ss.:
I/we _________________________ being sworn, say(s): I/we
am/are the Petitioner(s) in the within action; I/we have
read the foregoing Petition and know the contents thereof;
the same is true to my own knowledge, except as to the
matters herein stated to be alleged on information and
belief, and as to those matters I/we believe to be true, and
have furnished the following proof of identification.
_________________________ LS
Petitioner(s) Sworn to before me this _______ day of
_____________ 19__. __________________ Notary Public
FORM Article 12, Section 423 (b) R.P.L.
ANY FALSE STATEMENT MADE HEREUNDER IS A VIOLATION OF THE
STATE LAW AND MAY SUBJECT THE PERSON TO CIVIL AND CRIMINAL
PENALTIES.
--* * * * *--
PETITION FOR ISSUANCE OF CERTIFICATE OF TITLE FOR
ADMINISTRATOR OR EXECUTOR
STATE OF NEW YORK)
COUNTY OF ) ss.:
__________ deponent ________________________________ being
duly sworn, deposes and says that he/she is the Petitioner
herein and resides at ____________ address ______________
and of legal age; That he/she is the Administrator/Executor
of the estate of ____________ ______, deceased. That
___________ name ___________ was the registered owner of the
property under Certificate of Title number ___________. The
deceased, _________ name ________ died ________ date ______
as evidenced by a death certificate attached hereto.
_____________ name _______, has been appointed
Administrator/Executor of the estate of ________ deceased
_____ as evidenced by the original Letters of
Administration/Testamentary and certified copy of the will
attached hereto.
1. That a Release of Estate Tax is attached hereto
2. That the Gross Estate does not exceed $600,000
3. Subject to the Estate Taxes against the estate of
________, deceased, if any.
This petition is being made to direct the Registrar of
_________ County, to issue a new Certificate of Title to
______ name ________, as Administrator/Executor of the
Estate of __________, deceased, residing at _______ address
______ for the following described property.
OR
This petition is being made to direct the Registrar of
_______ County to issue a new Certificate of Title upon the
filing of an Administrator/ Executor's deed to _______
grantee in the deed _______, residing at ______ address
______ for the following described property:
((property description)) The original Owner's Duplicate
Certificate of Title is surrendered herewith ((or)) The
production of the original Owner's Duplicate Certificate of
Title is hereby dispensed with, by reason of ______
lost/stolen ______.
_________________________ LS
PETITIONER
VERIFICATION
State of New York,
County of ss.:
I ________________________ being sworn, say: I am the
Petitioner in the within action; I have read the foregoing
Petition and know the contents thereof: the same is true to
my own knowledge, except as to the matters herein stated to
be alleged on information and belief, and as to those
matters I believe to be true, and have furnished the
following proof of identification: _____________________.
_________________________ LS
PETITIONER
Sworn to before me this _________ day of __________ 19__.
______________________
NOTARY PUBLIC
Sec. 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 the basis of the last assessment for local
taxation, as an assurance fund for land registered in his
county. Subsequent to the original registration, there shall
also be paid to the registrar, and by him transferred to the
said fund, the parts or portions of the fees so designated
by section four hundred four-a and Section four hundred
thirty-two of this article. All moneys so received by the
registrar under the provisions of this section shall be paid
to the treasurer of the county (in New York city to the
commissioner of finance), and shall be invested by him in
the same manner as are other trust funds. All such moneys as
have been so transferred by the registrar to the treasurer
of the county (in New York city to the city chamberlain)
prior to the first day of July, nineteen hundred twenty-
nine, and have been disposed of as provided by the law prior
to said date, shall be returned to such treasurer of the
county (in New York city to the commissioner of finance) and
shall become a part of such trust fund. The proper local
county or city authorities are hereby authorized and
directed to make such appropriations of funds as may be
necessary for this purpose. Said treasurer (or commissioner
of finance) shall keep a separate account of such trust
funds and report annually thereon as required by law in
reference to other trust funds in his hands.
2. All assurance funds held by the treasurer of the county of
Suffolk pursuant to this section for more than six years
shall be deemed surplus and, provided there are no claims
filed against said fund that would affect release, such
surplus funds may be released by such treasurer and paid
into the general fund of the county of Suffolk. If a claim
is filed against such fund subsequent to such release, the
general fund of such county shall repay the assurance fund
such released funds with interest thereon at the prevailing
rate up to the amount of released funds sufficient to cover
payments made pursuant to such claim.
Sec. 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 therein because of the registration of another person
as owner of such property, or of any estate, right, or interest
therein, through fraud, or in consequence of any error, omission,
mistake or misdescription in any certificate of title or in any
entry of or memorial in the title book, shall have a cause of
action against the county treasurer (in New York city the
commissioner of finance) to recover compensation for such loss or
damage.
Sec. 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
claim shall be passed upon and approved by the city register and
by the corporation counsel of the city before payment is allowed.
The rejection of a claim by the proper county officials (or in
the city of New York by the city register and corporation
counsel) shall not preclude the claimant from bringing an action
to recover such claim. No claim or judgment on a claim for
indemnity shall be binding on the county or on the county
treasurer (in New York city the commissioner of finance) for an
amount exceeding the amount credited to the assurance fund. If
the amount credited to the assurance fund is insufficient to pay
the claim or judgment in full, the unpaid balance shall bear
interest at the legal rate and shall be paid out of the first
moneys coming into said assurance fund. If any right of action
against any person for damages for negligence or other cause, or
under any covenant or contract of warranty or guaranty or
otherwise, exists in favor of the person to whom indemnity is
paid, the county treasurer (in New York city the commissioner of
finance) shall be deemed to be subrogated to such right and may
bring an action to recover thereunder. Any amounts recovered by
the county treasurer (in New York city the commissioner of
finance) under such an action shall be credited to the account of
the assurance fund. Until the assurance fund provided as
aforesaid shall have been exhausted, payment for any such losses
or damages shall be made out of such fund.
Sec. 429. Restrictions on claims against assurance fund.
No person shall recover from the assurance fund any greater sum
than the fair market value of the property at the time the right
to bring such action first accrued. Any action or proceeding to
recover damages out of the assurance fund shall be commenced
within six years from the time when the right to begin the same
accrued, and not afterward, and such time shall not be extended
because of any disability.
Sec. 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
of any entry in the registration or other book kept in the
registrar's office, or of any erasure or alteration in any entry
in said book, or in any instrument authorized by this act, or
knowingly defrauds, or is intentionally privy to defrauding any
person by means of a false or fraudulent instrument, certificate,
statement or affidavit, affecting registered land, shall be
guilty of a felony .
Sec. 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 the registrar's office; or fraudulently stamps or
procures to be stamped, or assists in stamping, any document with
any forged seal of said registrar, or forges or procures to be
forged, or assists in forging, the name, signature or handwriting
of any person whomsoever, to any instrument which is expressly or
impliedly authorized to be signed by such person, or uses any
document upon which any impression or part of the impression of
any seal of said registrar has been forged, knowing the same to
have been forged, or any document the signature to which has been
forged, knowing the same to have been forged, or swears falsely
concerning any matter or proceeding made or done in pursuance of
this article, shall be guilty of a felony.
Sec. 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 it in the
entry book, indexing it in all indexes, and entering it in
the tickler certificate book, twenty-five dollars.
(b) Filing the survey, map or plan of the land to be registered,
twenty dollars.
(c) Filing any survey, map or plan of registered land showing
any subdivision or partition thereof, ten dollars.
(d) Filing, entering and indexing in all indexes any deed, lease
or muniment of title, ten dollars.
(e) Filing, entering and indexing in all indexes any deed for
the transfer of registered land, or of any interest therein,
including the issuance of the transfer certificate of title,
eighteen dollars.
(f) Filing, entering and indexing in all indexes any mortgage of
registered land or of any part thereof, certifying and
delivering a registration copy thereof, eighteen dollars.
(g) In addition to the fee provided for in subdivision (f) of
this Section, there shall be charged the fees now fixed by
law for preparing and certifying certified copies of
documents or records.
(h) Filing, entering and indexing in all indexes any assignment,
modification, subordination, extension or satisfaction of a
mortgage of registered land, twelve dollars.
(i) Filing, entering and indexing in all indexes any other lien,
incumbrance or charge pending registration or subsequent
thereto, twelve dollars.
(j) Filing, entering and indexing in all indexes any instrument
cancelling any lien, incumbrance or charge on a certificate
of title, twelve dollars.
(k) In addition to the charges provided for under subdivisions
(i) and (j) of this section, there shall be charged a fee of
fifty dollars for each additional certificate of title upon
which any instrument creating or discharging any lien,
encumbrance or charge is required to be entered.
(l) Filing, entering and indexing in all indexes the certified
copy of the final order and judgment of registration and
issuing the certificate of title in accordance therewith,
twenty dollars.
(m) In addition to the fee provided for in subdivisions (e) and
(l) of this section, there shall be charged a fee of five
dollars for each additional parcel where two or more
separate parcels are combined into one certificate.
(n) Filing and entering an application for a new owner's
duplicate certificate of title where the same has been lost
or destroyed, and issuance of such new certificate, fifteen
dollars.
(o) Preparing and issuing any new certificate of title where two
or more adjoining parcels of registered land are combined
into one parcel by the same owner; or where one parcel of
registered land is subdivided into two or more parcels by
the owner, for each new certificate, eighteen dollars.
(p) Services of the official examiner of title, one-tenth of one
per centum of the value of the property on the basis of the
last assessment for local taxation, and twenty dollars in
addition thereto.
(q) Furnishing printed forms or for any services for which fees
are not herein specified such reasonable charges as may be
fixed by the registrar subject to the revision of the court.
One-half of the fees received by the registrar under subdivisions
(e), (f), (h), (i), (j) and (o) of this section shall be paid to
the treasurer of the county (in New York city to the commissioner
of finance), to be credited to the assurance fund provided by
section four hundred twenty-six of this article.
Sec. 433. Construction of article.
This article shall be construed liberally, so far as may be
necessary for the purpose of effecting its general intent.
Sec. 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 authorized to have forms prepared and printed for
the examiner's report of title and for any other papers required
by this article and shall furnish the same to applicants without
charge or for such reasonable charge as may be fixed by the
registrar. Such forms and the charge to be made therefor shall be
subject to the revision of the court.
Sec. 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..........)
...................................................
State of New York,)
County...........,)ss.:
................................... of (residence, and if a minor
give his age; if under other disability, state the nature of the
disability); is the owner of an estate in fee simple (or as the
case may be) in the following land (here describe the premises)
subject to the estates, easements, incumbrances and charges
hereunder noted. (In case of trust, condition or limitation, say
"in trust" or "upon condition" or "with limitation," as the case
may be.)
Witness my hand and official seal this (date).
(Seal) .....................,
Registrar.
MEMORIALS of estates, easements and charges on the land described
in the above certificate of title.
Document| | Running in |Terms | Date of | Signature
number | Kind | favor or | | Registration | of registrar
_________|_______|____________|______|______________|_____________
| | | | |
| | | | |
_________|_______|____________|______|______________|_____________
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