N.Y. Real Property Law Section 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 § 393 (Registration of title)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.

Source: Section 391 — Final orders conclusive; to be entered and docketed as a judgment, https://www.­nysenate.­gov/legislation/laws/RPP/391 (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
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Accessed:
Apr. 27, 2024

Last modified:
Sep. 22, 2014

§ 391’s source at nysenate​.gov

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