NY Real Prop L § 436 (2021)
2021 New York Laws RPP - Real Property Article 12 - Registering Title to Real Property 436 - Ternination of Title Registration Procedures.

§  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 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 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  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.