2012 New York Consolidated Laws
RPP - Real Property
Article 12 - (370 - 436) REGISTERING TITLE TO REAL PROPERTY
400 - Rights of owners of registered property; exceptions; incumbrances and transfers to be filed.


NY Real Prop L § 400 (2012) What's This?
 
    §   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.

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