Real Property

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.
404-a. 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.
409-a. 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.
423-a. 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.
436. Termination of title registration procedures.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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 no- tice 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.

S 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 ........ .

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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:

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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 prem- ises, 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.

S 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.

S 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.

S 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.

S 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)
___________________________________________________________
Character of paper. | When filed. | Filing number.
_____________________|________________|____________________
1 |
2 |
3 |
_____________________|________________|____________________
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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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

S 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.

S 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.

S 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.

S 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.

S 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.

S 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. "

S 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.

S 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.

S 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.

S 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

S 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 or in New
York city by the commissioner of finance, pursuant to this section for
more than six years shall be deemed surplus. All monies in said fund,
which have been deemed surplus, or so much thereof as may be necessary,
shall be made available on January first, nineteen hundred ninety-seven,
and shall be used to cover the costs incurred while performing the
transfers required by section four hundred thirty-six of this article.
Provided there are no claims filed against said fund that would affect
release, such remaining surplus funds may be released by such treasurer
or commissioner of finance and paid into the general fund of the county
or city. 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.
3. All such assurance funds created by any county or city shall be
terminated on January first, two thousand six, and all remaining monies
are to be transferred to the general fund of the county or city.

S 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.

S 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 or the county or
city general fund after the assurance fund has been terminated pursuant
to section four hundred twenty-six of this article. 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.

S 429. Restrictions on claims against assurance fund. No person
shall recover from the assurance fund, or the county or city general
fund after the assurance fund has been terminated pursuant to section
four hundred twenty-six of this article, 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.

S 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 .

S 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.

S 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.

S 433. Construction of article. This article shall be construed
liberally, so far as may be necessary for the purpose of effecting its
general intent.

S 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.

S 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,)
)ss.:
County...........,)
......................................................
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
_________|_______|____________|______|______________|______________
| | | | |
| | | | |
_________|_______|____________|______|______________|______________

S 436. Termination of title registration procedures. 1. As used in
this section:
a. "Adverse instrument" means any document, instrument or paper that
adversely affects, but does not convey, the fee title to registered
land, and the validity of which is not dependent upon consent by an
owner of the registered land or some person claiming by, through or
under that owner. Adverse instruments include, but are not limited to,
mechanics` lien claims, judgments, and lis pendens notices. Adverse
instruments do not include sheriff`s deeds, marshall`s deeds, or tax
deeds.
b. "Voluntary instrument" means any document, instrument or paper that
either conveys the fee title to registered land or affects title to
registered land and the validity of which is dependant upon consent by
an owner of the registered land or by some person claiming by, through,
or under that owner. Voluntary instruments include, but are not limited
to, deeds, including tax deeds, sheriff`s deeds and marshall`s deeds,
mortgages, assignments of mortgage, leases and grants of easement or
license.
c. "Registered land" means real property and interests in real
property, which have been registered under this article.
d. "Registrar`s certificate of title" means a document issued pursuant
to section three hundred ninety-four of this article.
2. On and after the effective date of this section, no title to land
may be registered under this article. Provided, however, that every
certificate of title or instrument affecting title filed prior to the
effective date of this section shall be registered pursuant to the
provisions of this article.
3. On or after the effective date of this section and before January
first, two thousand, the registrar shall accept only adverse instruments
which he or she shall register pursuant to this article.
4. On and after the effective date of this section the registrar shall
refuse to accept for registration any instrument that is a voluntary
instrument. Instead of accepting such instruments for registration, the
registrar shall upon payment of the statutory recording fee, deliver to
the county clerk, or in the counties of Bronx, Kings, Queens and New
York, the register for recording each current certificate of title to
all lands affected by that voluntary or adverse instrument. Before
delivering the certificate, the registrar shall memorialize or note on
the certificate any instruments relating to incumbrances, charges,
trusts, liens and transfers that have been filed with the registrar that
have not been memorialized or noted. A certificate of title shall be
delivered in the form required for recording.
5. On or before January first, two thousand the registrar shall
deliver to the county clerk, or in the counties of Bronx, Kings, Queens
and New York, the register for recording the certificates of title of
all remaining land which was previously registered under this article.
Before delivering those certificates, the registrar shall memorialize or
note on the certificates any instruments relating to incumbrances,
charges, trusts, liens and transfers that have been filed with the
registrar and that have not yet been memorialized or noted. A
certificate of title shall be delivered in the form required for
recording.
6. As of the date of recording of certificates delivered pursuant to
subdivision four or five of this section, the recorded certificates
shall be subject only to incumbrances, charges, trusts, liens and
transfers as may be memorialized or noted on the certificate, and free
from all others except those set forth in section four hundred of this
article.
After the recording of certificates which are delivered under
subdivisions four and five of this section, title to lands shall be
conveyed or encumbered in the same manner as set forth in article nine
of this chapter. All instruments noted or memorialized on the
certificates of title so recorded shall have the same force and effect
as if they were filed with the county clerk, or in the counties of
Bronx, Kings, Queens and New York, the register at the time they were
noted or were otherwise memorialized on the certificates of title. No
instrument, however, that was filed, docketed or recorded by the county
clerk, or in the counties of Bronx, Kings, Queens and New York, the
register, but that was not duly registered, shall become a lien,
incumbrance, trust or charge against any title which was delivered
pursuant to subdivisions four and five of this section, unless such
instrument was filed, recorded or docketed after the date such title was
recorded, provided, however, that a judgement docketed by the county
clerk prior to the time a certificate of title was recorded shall be
valid as against such land if the landowner received notice of such
judgment.
7. Recording of a certificate of title under subdivision four or five
of this section, shall not disturb the effect of any proceedings under
the registry system where the question of title to the real property
registered under this article has been determined. All proceedings
concerning the registration of title before delivery to the appropriate
office under subdivision four or five of this section, and all
provisions of this article that relate to the status of the title, shall
have continuing force and effect with respect to the period of time that
title remained under the registry system. Those provisions giving rise
to a right of action for damages against the county shall also continue
in force and effect with respect to the period of time that title
remained under the registry system.
8. Nothing contained in this section terminates, diminishes or impairs
any existing right in or pertaining to registered land or any existing
right to resort to the assurance fund created under sections four
hundred twenty-six through four hundred twenty-nine of this article and
that right may be asserted and enforced in the same manner, to the same
extent, and subject to the same limitations as provided in those
sections.
9. No claim shall be made based upon prescription or adverse
possession for land which was recorded under subdivision four or five of
this section and which was previously registered under this article
until after such time as the property is transferred or conveyed and the
elements of such claims may be established against a subsequent owner.