New York Laws
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.

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