N.Y. Real Property Law Section 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.

Source: Section 378 — What owners may apply; what titles may be registered, https://www.­nysenate.­gov/legislation/laws/RPP/378 (updated Sep. 22, 2014; accessed Jul. 13, 2024).

370
Petition to register title to real property
371
Petitions and proceedings to be in supreme court
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
379
Contents of petition for registration
380
Official examiner’s report of title
381
Survey, map or plan to be filed
382
Notice of petition and of pendency of proceeding
385
Proceedings upon the petition
386
Form of notice to parties
388
Guardian ad litem
389
Any person interested may appear and defend
390
Title in lands vested
391
Final orders conclusive
392
Fraud
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
401
Registered property not affected by prescription or adverse possession
402
Fraud
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
409‑A
Entries in other indexes
410
Notice of filed papers
411
Addresses of interested parties
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
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
423‑A
Form for transfer of property upon death of owner of registered property
424
Transfer on death deed
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
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

Accessed:
Jul. 13, 2024

Last modified:
Sep. 22, 2014

§ 378’s source at nysenate​.gov

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