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.
Landlord and tenant
Conveyances and mortgages
Recording instruments
Condominium Act
Discharge of ancient mortgages
Brokers & Agents
Property condition disclosure
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) 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. * * * 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.