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 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

§ 381’s source at nysenate​.gov

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