N.Y. Real Property Law Section 436
Termination of title registration procedures


1.

As used in this section:

a.

“Adverse instrument” means any document, instrument or paper that adversely affects, but does not convey, the fee title to registered land, and the validity of which is not dependent upon consent by an owner of the registered land or some person claiming by, through or under that owner. Adverse instruments include, but are not limited to, mechanics’ lien claims, judgments, and lis pendens notices. Adverse instruments do not include sheriff’s deeds, marshall’s deeds, or tax deeds.

b.

“Voluntary instrument” means any document, instrument or paper that either conveys the fee title to registered land or affects title to registered land and the validity of which is dependant upon consent by an owner of the registered land or by some person claiming by, through, or under that owner. Voluntary instruments include, but are not limited to, deeds, including tax deeds, sheriff’s deeds and marshall’s deeds, mortgages, assignments of mortgage, leases and grants of easement or license.

c.

“Registered land” means real property and interests in real property, which have been registered under this article.

d.

“Registrar’s certificate of title” means a document issued pursuant to § 394 (Certificate of title)section three hundred ninety-four of this article.

2.

On and after the effective date of this section, no title to land may be registered under this article. Provided, however, that every certificate of title or instrument affecting title filed prior to the effective date of this section shall be registered pursuant to the provisions of this article.

3.

On or after the effective date of this section and before January first, two thousand, the registrar shall accept only adverse instruments which he or she shall register pursuant to this article.

4.

On and after the effective date of this section the registrar shall refuse to accept for registration any instrument that is a voluntary instrument. Instead of accepting such instruments for registration, the registrar shall upon payment of the statutory recording fee, deliver to the county clerk, or in the counties of Bronx, Kings, Queens and New York, the register for recording each current certificate of title to all lands affected by that voluntary or adverse instrument. Before delivering the certificate, the registrar shall memorialize or note on the certificate any instruments relating to incumbrances, charges, trusts, liens and transfers that have been filed with the registrar that have not been memorialized or noted. A certificate of title shall be delivered in the form required for recording.

5.

On or before January first, two thousand the registrar shall deliver to the county clerk, or in the counties of Bronx, Kings, Queens and New York, the register for recording the certificates of title of all remaining land which was previously registered under this article. Before delivering those certificates, the registrar shall memorialize or note on the certificates any instruments relating to incumbrances, charges, trusts, liens and transfers that have been filed with the registrar and that have not yet been memorialized or noted. A certificate of title shall be delivered in the form required for recording.

6.

As of the date of recording of certificates delivered pursuant to subdivision four or five of this section, the recorded certificates shall be subject only to incumbrances, charges, trusts, liens and transfers as may be memorialized or noted on the certificate, and free from all others except those set forth in § 400 (Rights of owners of registered property)section four hundred of this article. After the recording of certificates which are delivered under subdivisions four and five of this section, title to lands shall be conveyed or encumbered in the same manner as set forth in article 9 (Recording Instruments Affecting Real Property)article nine of this chapter. All instruments noted or memorialized on the certificates of title so recorded shall have the same force and effect as if they were filed with the county clerk, or in the counties of Bronx, Kings, Queens and New York, the register at the time they were noted or were otherwise memorialized on the certificates of title. No instrument, however, that was filed, docketed or recorded by the county clerk, or in the counties of Bronx, Kings, Queens and New York, the register, but that was not duly registered, shall become a lien, incumbrance, trust or charge against any title which was delivered pursuant to subdivisions four and five of this section, unless such instrument was filed, recorded or docketed after the date such title was recorded, provided, however, that a judgement docketed by the county clerk prior to the time a certificate of title was recorded shall be valid as against such land if the landowner received notice of such judgment.

7.

Recording of a certificate of title under subdivision four or five of this section, shall not disturb the effect of any proceedings under the registry system where the question of title to the real property registered under this article has been determined. All proceedings concerning the registration of title before delivery to the appropriate office under subdivision four or five of this section, and all provisions of this article that relate to the status of the title, shall have continuing force and effect with respect to the period of time that title remained under the registry system. Those provisions giving rise to a right of action for damages against the county shall also continue in force and effect with respect to the period of time that title remained under the registry system.

8.

Nothing contained in this section terminates, diminishes or impairs any existing right in or pertaining to registered land or any existing right to resort to the assurance fund created under sections four hundred twenty-six through four hundred twenty-nine of this article and that right may be asserted and enforced in the same manner, to the same extent, and subject to the same limitations as provided in those sections.

9.

No claim shall be made based upon prescription or adverse possession for land which was recorded under subdivision four or five of this section and which was previously registered under this article until after such time as the property is transferred or conveyed and the elements of such claims may be established against a subsequent owner.

Source: Section 436 — Termination of title registration procedures, https://www.­nysenate.­gov/legislation/laws/RPP/436 (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

§ 436’s source at nysenate​.gov

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