N.Y. Real Property Law Section 400
Rights of owners of registered property

  • exceptions
  • incumbrances and transfers to be filed
A person who receives a certificate of title pursuant to a judgment of registration, except in case of fraud to which he is a party, and a purchaser of registered real property, who takes a certificate of title for value and in good faith, shall hold the same free from all incumbrances, charges, trusts, liens and transfers, except those noted on the certificate in the registrar’s office, and any of the following which may exist: First. Liens, claims, or rights arising or existing under the laws or constitution of the United States, which the statutes of this state do not require to appear of record; Second. Any tax, water rate, or assessment which becomes a lien on the property after initial registration and for which a sale has not been made; Third. Any lease or agreement for a lease, made after or pending registration, for a period not exceeding one year, where there is actual occupation of the land under the lease or agreement; Fourth. Easements or servitudes which accrue against the property after initial registration in such manner as not to require their registration. Except as specified in the foregoing statement of exceptions, no incumbrance, charge, trust, lien, or transfer shall take effect upon or over real property the title to which has been registered, unless the instrument creating and setting forth such incumbrance, charge, trust, lien, or transfer has been filed with the registrar and a memorial or notation thereof made upon the certificate of title covering the property.

Source: Section 400 — Rights of owners of registered property; exceptions; incumbrances and transfers to be filed, https://www.­nysenate.­gov/legislation/laws/RPP/400 (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

§ 400’s source at nysenate​.gov

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