dliu1/legal-llama-raw-text huggingface dataset:
or his duly authorized deputy or clerk.
§   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
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
§  401.  Registered  property  not affected by prescription or adverse
possession.  No title to registered real property, in derogation of that
of the registered owner, shall be acquired by  prescription  or  adverse
§ 402. Fraud; notice only by registration. Except in case of fraud and
except also as herein otherwise provided, no person taking a transfer of
any  registered  real  property  or of any estate or interest therein or
lien or charge thereon from the registered owner shall  be  required  to
inquire  into  the  circumstances  under which, or the consideration for
which such owner or  any  previously  registered  owner  had  the  title
registered, nor shall such transferee be affected with notice, actual or
constructive, of any unregistered trust, lien, claim, demand or interest
whatever;  and  the  knowledge  that an unregistered trust, lien, claim,
demand or interest is in existence shall not of  itself  be  imputed  or
treated as fraud.
§  403. Memorial to be carried forward. (a) Unless written application
is made by a mortgagee, who acquires fee title to the premises,  not  to
merge  said  mortgage with the fee title, the registrar shall delete the
mortgage from the memorial on the certificate of title.
(b) Whenever a memorial or notation has been entered as  permitted  by
this  article,  the  registrar  shall  carry  the  same forward upon all
certificates of title  until  the  same  is  cancelled  in  some  manner
authorized by this article.
§  404.  Registered  property  to  remain  registered. The bringing of
property under this article shall imply an agreement, running  with  the
land  and  binding upon the applicant and all his successors in interest
or title, that the property shall  be  subject  to  the  terms  of  this
article,  and  all  amendments and alterations thereof, and all dealings
with the property so  registered,  or  any  estate,  right  or  interest
therein,  after  the  same  has been brought under this article, and all
liens,  incumbrances  and  charges  upon  the  same  after   the   first
registration thereof shall be subject to the terms of this article.
§   404-a.   Withdrawal   from   registration  in  certain  instances.
Notwithstanding the provisions of section  four  hundred  four  of  this
chapter,  a  title  to  real  property which has been duly registered as
provided  by  article  twelve  thereof  may  be  withdrawn   from   such
registration  upon  application to the supreme court by the owner of the
fee title to the property.  An  application  for  such  withdrawal  from
registration  may be filed with the registrar of the county in which the
title is then registered and shall be entitled in  the  matter  of  the
application  of  (stating  the  name  of  the  registered owner) for the
withdrawal from registration  of  the  title  to  certain  lands.  Such
application,  in  such form as may be approved by the registrar, must be
made by the registered owner of the fee of the real property.  It  shall
set  forth  and  recite in detail the name and postoffice address of the
registered owner, the number of the certificate of  title  last  issued,
the  date  of  the  last registration of the title, a description of the
real property as stated in the certificate  of  title  together  with  a
reference  to  the  proper  section,  block  and  lot  numbers if any, a
complete recital of all memorials entered on the certificate  of  title,
the  names  and addresses of all persons owning any incumbrance, charge,
trust or lien  on  the  premises,  a  statement  of  all  unpaid  taxes,
assessments  and  water  rates  due  and  payable,  a  statement  of the
circumstances existing which render continued registration of the  title
impracticable  and  inexpedient,  and  a  prayer for the withdrawal from
registration. The application shall be duly  verified  and  executed  in
duplicate. The registrar shall file one copy as a document in his office
and enter the same as a memorial on the certificate of title to which it
relates.  The  other  copy shall be delivered to an official examiner of
title who shall forthwith proceed to examine the title since the date of
the first or initial registration thereof and investigate the facts  set
forth  in  the application. Thereafter he shall make a report in writing
to the supreme court of his findings and  a  recommendation  as  to  the
proper  disposition  of  the application. The registrar shall set down a
date for hearing on the application in the title  part  of  a  special
term of the supreme court, which date shall be not less than twenty days
after  the  filing  of the application; and he shall notify by certified
mail demanding a personally signed return receipt card  all  persons  or
parties  who  appear  by the report of the official examiner of title to
have any interest in or incumbrance, charge, trust,  or  lien  upon  the
said  real  property.  At the hearing any of the parties in interest may
appear and consent or object to  the  granting  of  the  prayer  of  the
application. Whether granted or denied, the supreme court shall enter an
order  disposing  of  the application and after such order is filed with
the clerk of the county a transcript or certified copy of the same shall
be filed with the registrar and by him entered  as  a  memorial  on  the
certificate  of  title.  When  the  order  of the supreme court grants a
withdrawal from registration of a  title  to  real  property  as  herein
provided,  the  registered  owner thereof shall forthwith deliver to the
registrar and surrender his owner's duplicate certificate of  title,  or
if  the  same  has  been  lost  or  destroyed  a  new  owner's duplicate
certificate of title  obtained  as  provided  in  section  four  hundred
fourteen  of  this  chapter.  The registrar shall then cause the owner's
duplicate certificate of title to be  recorded  in  the  office  of  the
recording  officer  of the county in which the real property is located,
and thereafter permanently filed in his own office. A certified copy  of
the  record  shall  be  delivered  to the registered owner as his future
evidence of title.
The recording of the owner's duplicate certificate of title  shall  be
notice  of the recitals and matters therein contained, and shall also be
notice of the fact that the title to the real property therein described
is no longer registered nor subject to the provisions of article  twelve
of this chapter. From the time of such recording and until any future or
further  registration  of  the title thereof, said property shall be and
become as to all matters  subsequent  to  the  time  of  such  recording
subject  to all provisions of law relating to real property the title to
which has not at any time been registered.
The final order and judgment of registration by the court pursuant  to
which  the  aforesaid  title  to real property was originally registered
shall continue to be binding and conclusive as a decree or  judgment  of
the  supreme  court  in the same manner and to the same extent and be of
the same force and effect as if the said title had  not  been  withdrawn
from registration in accordance with the provisions of this section.
The  fee  of the registrar for all services rendered by him and by the
official examiner of title pursuant to this section shall be the sum  of
one hundred dollars payable at the time of filing of the application for
withdrawal  from  registration,  and  one-half  of the said fee shall be
transferred by the registrar to  the  assurance  fund  provided  for  by
section four hundred and twenty-six of this chapter. In addition thereto
the  applicant  shall  pay to the registrar and the official examiner of
title, their necessary expenses and disbursements incurred in connection
with the withdrawal of the title from registration.
§  405.  Registered  property  subject  to  same rights and burdens as
unregistered property. Registered real property and every estate,  right
and  interest  therein  shall  be  in  all  respects subject to the same
rights, burdens and incidents as unregistered real property,  except  as
otherwise expressly provided in this article or any amendment thereof.
§  406.  Transfers  of registered property. A registered owner of real
property, in order to transfer his whole estate or interest therein,  or
any  part  or  parcel  thereof, or any undivided interest therein, shall
execute to the intended transferee a deed or instrument of conveyance in
any form authorized by law. Such deed or instrument of conveyance  shall
have  recited  therein a statement or reference setting forth the source
of the title of the grantor or the circumstances under which  the  title
was  acquired  by  him. Upon filing such deed or other instrument in the
registrar's office and  surrendering  to  the  registrar  the  duplicate
certificate  of  title,  he  shall  then make out and register as herein
provided a new certificate and also an owner's duplicate certificate  of
title  certifying  the  title  to the estate or interest in the property
conveyed to the  transferee  and  shall  enter  upon  the  original  and
duplicate  certificate  the  date  of  the  transfer,  the  name  of the
transferee and the number of the new certificate, and shall stamp across
the  original  and   surrendered   duplicate   certificates   the   word
cancelled.  Title  to  such  property  shall not pass by such transfer
until the transfer is registered as prescribed by this section.
§  407.  Certificate  as to part of property remaining after transfer.
When only  a  part  of  the  property  described  in  a  certificate  is
transferred,  and  the description of the property is other than full or
specified parts of lots on a map duly filed in the office of the  county
clerk, the transfer must be accompanied by a survey from a licensed land
surveyor  under seal of the said parcel.  Said transfer and survey shall
be filed as a document and memorialized against the certificate.
§  409.  Filing,  entering  and  indexing papers pursuant to this act;
tickler certificate. Every paper filed with the registrar shall be given
a serial number in the order of its filing, and then shall be entered by
the registrar in an entry book under columns showing:
First. The serial number;
Second. Day of filing;
Third.  Filing  number  of  petition  to  which  it  relates  if   the
registration proceedings are still pending;
Fourth.  Certificate number, if registration proceedings are completed
and certificate has been issued;
Fifth. Kind of paper filed;
Sixth. Name of the person in whose interest the paper is filed.
Every paper filed with the  registrar  affecting  property  for  which
registration proceedings are pending shall in addition to its own serial
number receive the petition number and be kept by the registrar with the
petition  to  which it relates or affects. The registrar shall provide a
book to be known as the tickler certificate book wherein he shall note
all filed papers affecting property for which  registration  proceedings
are  pending. Each page shall constitute a separate tickler certificate,
and on said certificate he shall enter the character of the  paper,  the
date of filing and the filing or serial number. The tickler certificate,
subject  to  such change as the case may require, shall be substantially
Petition number ....................
This certifies that the following papers have been filed in the office
of the registrar of ............ county affecting, or in connection with
an action or proceeding to register the title to the following described
real property, to wit:
(The description to appear here)
Character of paper.   |    When filed.    |      Filing number.
A memorial of every paper filed with the registrar affecting title  to
registered  property  shall  be  entered  at once upon the last original
certificate to which it relates. Every paper filed  with  the  registrar
affecting  title  to  property  shall  be  indexed  from its contents as
follows: In an index showing in alphabetical order in one column or in a
set of columns the names, places of residence with  street  numbers,  if
any,  and  post  office  addresses  of  all  persons  in whose interests
petitions for registration of title are  filed;  the  names,  places  of
residence  with street numbers, if any, and post office addresses of all
persons to whom any interest, right or power in real property is granted
or released; and the names, places of residence with street numbers,  if
any,  and  post  office addresses of all persons claiming an interest in
real property; also, in separate columns the kinds of papers filed,  the
numbers  of the filed papers, the dates of filing, the filing numbers of
petition to which they relate (if petition is pending) and  the  numbers
of  the  last original certificate to which they relate (if the title to
the property is registered). Whenever a judgment or an  order  of  court
directs  that  the  title  to real property be registered, it shall also
direct the registrar to transfer all proper liens and incumbrances filed
against the property pending registration to the certificate of title so
to be issued. In those counties which have block indexes, an index shall
be kept by blocks of all registered property described by  lot,  diagram
or  other  appropriate  designation,  and  the  owners  thereof  with  a
reference to  the  certificate  numbers  in  which  the  properties  are
registered; if any system of indexing by lot numbers is in use the index
lot numbers shall be shown. There shall also be kept in those counties a
block index of conveyances and a block index of mortgages for registered
lands  in substantially the same form with necessary changes as provided
in the respective block index laws of those counties. In counties  which
have  no  block  indexes  the  registrar shall also keep an index of all
properties registered under  this  article,  in  which  such  registered
properties shall be indexed according to a brief description thereof.
§  409-a.  Entries  in  other  indexes. Upon the filing of a notice of
petition and pendency of proceeding in the office of the registrar,  the
recording  officer  of the county or counties in which the land title to
which is sought to be registered is located shall make an entry  of  the
petition   to   register   such  title  in  the  alphabetical  index  of
conveyances, and in counties having a block index system, in  the  block
index of conveyances, showing the date of such filing and in the grantor
column  the  name of the petitioner, and the name of the owner where the
petitioner is the  holder  of  a  contract  to  purchase  the  premises,
together with a reference to the serial or document number given to such
notice  by  the  registrar  and the number of the proceeding to which it
relates.
Recording officers are authorized and directed to index in like manner
in the alphabetical index of conveyances, and in counties having a block
index system, in the block index of  conveyances,  all  applications  or
petitions  to  register titles to land heretofore filed in the office of
the registrar of the county.
§  410. Notice of filed papers. All papers filed by the registrar, and
indexed and entered by him pursuant to this article, shall be  of  equal
effect  as  to  notice,  in  the order of their filing as shown by their
filing numbers, as are similar papers when recorded by county  clerk  or
registers under the recording acts. Should an action for registration be
discontinued  or  otherwise terminated without registration, an order of
court to that effect shall be filed with the  registrar,  who  shall  at
once  cause  all  the  papers  relating  to  the  title  to the property
affected, filed with him, except the  notice  of  application  and  said
order,  to  be  recorded  or  filed, and indexed, by the county clerk or
register (as the case requires) in the order of their filing, on payment
of the statutory fees.
§  411.  Addresses  of  interested  parties; notice. On every paper or
instrument filed with the registrar there shall be  indorsed  the  name,
place  of  residence with street number, if any, and post-office address
of the person in whose behalf it is filed. The address  may  be  changed
from  time  to  time, by such person filing with the registrar a written
notice of such change.
§  412.  When a transfer is deemed to be registered. Every transfer of
registered property shall be deemed to be registered under this  article
when  such  document  has  been  filed  of  record, in the office of the
registrar of the county where the  property  is  located  and  a  serial
number  and  certificate  number  assigned  to the instrument; all other
dealings shall be considered as registered when the  document  has  been
filed  of  record in the office of the registrar of the county where the
property is located and a serial number and certificate number has  been
assigned the instrument.
§ 413. New certificates of title. Upon the application of any owner of
registered  property  held  under  one or more certificates of title and
delivering up of such certificate or certificates, the  registrar  shall
issue  to  such  owner, at his option, separate certificates, each for a
portion of such property in accordance with such application;  and  upon
issuing  any  such certificate of title, said registrar shall indorse on
the last previous  certificate  of  such  property  so  delivered  up  a
memorial  setting  forth  the  occasion  of the cancellation thereof and
referring to the number or numbers of the new certificates of  title  so
§  414. Loss of duplicate certificate. If any duplicate certificate of
title is lost or destroyed, the owner of the  property  or  the  current
grantee  with  proper  certified  deeds  may  file  with the registrar a
verified petition. Such petition  shall  conform  to  the  form  annexed
hereto,  which  may  be  made available by the registrar. Upon filing of
such petition, the registrar shall issue a  new  duplicate  certificate,
which  shall contain a memorandum of the fact that it is issued in place
and stead of the lost or  destroyed  certificate,  and  which  shall  be
entitled to like faith and credit as the original duplicate certificate.
Any  previously  issued  owner's  duplicate certificate of title becomes
void and invalid.
Article 12 Section 414 R.P.L.
Petition may only be submitted by the owner, or the current grantee with
proper certified deeds submitted simultaneously.
ANY FALSE STATEMENT MADE HEREUNDER IS A VIOLATION OF STATE LAW  AND  MAY
SUBJECT THE PERSON TO CIVIL AND CRIMINAL PENALTIES.
--  * * * * * *  --
PETITION TO REPLACE LOST OR DESTROYED OWNER'S DUPLICATE
CERTIFICATE OF TITLE
STATE OF NEW YORK}
COUNTY OF        }  ss.:
__________  owner's name(s)  _____________________________________ being
duly sworn, deposes and says that he-she-they isare the
Petitioner(s) and reside at
____________________________________________________________  and isare
of  legal  age;  that  he-she-they  isare the owner(s) of the following
described property
((property description))
under Certificate of Title  Number  __________________  under  the  Land
Title Registration Law.
A  thorough  and complete search has been made for the Owner's Duplicate
Certificate of Title  number  _______________.  Said  Owner's  Duplicate
Certificate  of Title can not be located. This petition is being made to
direct the Registrar of __________________ County, to issue in place and
stead, a new Owner's Duplicate Certificate of Title number __________ in
the name(s) of ______________________________________________  with  all
memorials placed thereon.
Upon  the  filing  of this affidavit, Iwe realize any previously issued
Owner's Duplicate Certificate of Title becomes void and invalid.
_____________________________ LS
Iwe _________________ name(s) _______________ being sworn, say(s): Iwe
amare the Petitioner(s) in  the  within  action:  Iwe  have  read  the
foregoing Petition and know the contents thereof: the same is true to my
own  knowledge,  except as to the matters herein stated to be alleged on
information and belief, and as to those matters Iwe believe to be true,
and   have   furnished   the   following   proof   of    identification:
_____________________________.
__________________________    LS
petitioner)
Sworn to before me this _________
day of _______________ 19 ____.
§  415.  Mortgages,  leases  and  other  liens  and  charges;  may  be
registered. Any mortgage, lease for a term of over one year, contract to
sell or other instrument intended to create a lien,  incumbrance,  trust
or  charge  on registered property or any right or interest therein, may
be registered as herein provided.
§  416.  Proceedings  to  register  mortgage,  lease  or other lien or
charge.  On the filing of the instrument creating such  mortgage,  lease
or  other lien or charge in the registrar's office and the production of
the duplicate certificate of title, he shall enter upon the  certificate
of  title  and upon the duplicate certificate a memorial thereof and the
date of filing the instrument with a reference to its file number, which
memorial shall be signed by the  registrar  who  shall  deliver  to  the
person filing such instrument a certified copy of such instrument, if it
is  a mortgage, certified to be the registration copy of mortgage. The
registrar shall also note upon the instrument filed the  number  of  the
certificate  on  which  the memorial is entered. Any mortgage registered
pursuant to this section shall be subject to the provisions  of  article
eleven  of  the tax law (being chapter sixty-two of the laws of nineteen
hundred nine), and amendments thereof in the  same  manner  as  if  said
mortgage  were  recorded, as provided by section two hundred fifty-three
of said tax law.
§  417. Judgments, decrees, attachments and other liens to be noted on
certificate.   No judgment, decree,  attachment,  execution,  mechanic's
lien,  or  other lien or charge, which may affect or be a lien or charge
upon real property in this state, shall be or become a lien or charge on
real property, or any right or interest therein, the title to which  has
been  registered,  unless a transcript, or certified copy, or other duly
made or certified document, which is by law proper evidence in  a  court
of  record,  of  such  judgment, decree, attachment, mechanic's lien, or
other lien or charge, shall be duly filed  with  the  registrar,  and  a
proper memorial thereof made by him upon the certificate of title in the
title  book.  Such  transcript, or certified copy, or other duly made or