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 Apr. 27, 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 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
Green check means up to date. Up to date

Accessed:
Apr. 27, 2024

Last modified:
Sep. 22, 2014

§ 378’s source at nysenate​.gov

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