N.Y. Real Property Law Section 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.

Source: Section 381 — Survey, map or plan to be filed, https://www.­nysenate.­gov/legislation/laws/RPP/381 (updated Sep. 22, 2014; accessed Oct. 26, 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
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 381’s source at nysenate​.gov

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