ยง 381. Survey, map or plan to be filed. There shall be filed with the
registrar a survey, map or plan of the land the title to which is sought
to be registered, which shall be made by a competent surveyor and shall
be subject to the approval of the court, and which shall clearly show
the exact boundaries of the land and its connection with adjacent lands
and any adjoining or neighboring streets and avenues, and the distances
from such adjoining or neighboring streets or avenues, and all
encroachments, if any, and all other facts which are usually shown by
accurate surveys. If any adjacent land is already registered, the survey
must properly connect and harmonize with the survey of such previously
registered land. There shall be attached to such survey, map or plan,
and filed with it, an affidavit of the surveyor by whom it was made,
that it was made by him personally or under his immediate supervision
and direction; that it is a survey, map or plan of the property
described in the petition or the official examiner's report of title,
and that according to the best of his knowledge and belief said property
is included in the boundaries shown on such survey, map or plan, without
any encroachments or improper erections, except as follows: (stating
and describing any encroachments or improper locations of buildings,
fences or other structures). After the original registration of any
parcel of land, a new survey, map or plan of the same showing a
subdivision thereof into lots may be filed with the registrar after
compliance with the provisions of section three hundred thirty-four and
section three hundred thirty-five of the real property law, as amended,
and chapter six hundred twenty of the laws of nineteen hundred
twenty-six. The filing of such a new survey, map or plan shall outline
the registered portion of the property, shall be noted as a memorial on
the certificate of title to which it relates, and thereafter the land or
any interest therein shall be transferred or encumbered by reference to
it; in the event that the old description is used, reference must also
be made to the new map.
Structure New York Laws
Article 12 - Registering Title to Real Property
370 - Petition to Register Title to Real Property.
371 - Petitions and Proceedings to Be in Supreme Court; Title Part of Special Term.
372 - County Clerks and Registers to Be Registrars of Title.
374 - Deputy Registrars' Powers and Duties.
376 - Disposition of Fees Received by Registrar.
377 - Official Examiners of Title.
378 - What Owners May Apply; What Titles May Be Registered.
379 - Contents of Petition for Registration; Other Papers to Be Filed.
380 - Official Examiner's Report of Title; Other Evidences of Title.
381 - Survey, Map or Plan to Be Filed.
382 - Notice of Petition and of Pendency of Proceeding.
385 - Proceedings Upon the Petition; Notice of Hearing.
386 - Form of Notice to Parties.
389 - Any Person Interested May Appear and Defend.
390 - Title in Lands Vested; Clouds Thereon Removed.
391 - Final Orders Conclusive; to Be Entered and Docketed as a Judgment.
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; Exceptions; Incumbrances and Transfers to Be Filed.
401 - Registered Property Not Affected by Prescription or Adverse Possession.
402 - Fraud; Notice Only by Registration.
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; Tickler Certificate.
409-A - Entries in Other Indexes.
411 - Addresses of Interested Parties; Notice.
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; May Be Registered.
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; Transfer of Property.
423-A - Form for Transfer of Property Upon Death of Owner of Registered Property.
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; Penalty.
433 - Construction of Article.
434 - Form for Official Examiner's Report of Title.