2012 New York Consolidated Laws
RPP - Real Property
Article 12 - (370 - 436) 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.