§ 400 — Rights of owners of registered property; exceptions; incumbrances and transfers to be filed

New York § 400

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 12: Registering Title to Real Property

Text

§ 400. Rights of owners of registered property; exceptions;\nincumbrances and transfers to be filed. A person who receives a\ncertificate of title pursuant to a judgment of registration, except in\ncase of fraud to which he is a party, and a purchaser of registered real\nproperty, who takes a certificate of title for value and in good faith,\nshall hold the same free from all incumbrances, charges, trusts, liens\nand transfers, except those noted on the certificate in the registrar's\noffice, and any of the following which may exist:\n First. Liens, claims, or rights arising or existing under the laws or\nconstitution of the United States, which the statutes of this state do\nnot require to appear of record;\n Second. Any tax, water rate, or assessment which becomes a lien on the\nproperty after initial registration and for which a sale has not been\nmade;\n Third. Any lease or agreement for a lease, made after or pending\nregistration, for a period not exceeding one year, where there is actual\noccupation of the land under the lease or agreement;\n Fourth. Easements or servitudes which accrue against the property\nafter initial registration in such manner as not to require their\nregistration.\n Except as specified in the foregoing statement of exceptions, no\nincumbrance, charge, trust, lien, or transfer shall take effect upon or\nover real property the title to which has been registered, unless the\ninstrument creating and setting forth such incumbrance, charge, trust,\nlien, or transfer has been filed with the registrar and a memorial or\nnotation thereof made upon the certificate of title covering the\nproperty.\n