§ 436 — Termination of title registration procedures

§ 436. Termination of title registration procedures. 1. As used in\nthis section:\n a. "Adverse instrument" means any document, instrument or paper that\nadversely affects, but does not convey, the fee title to registered\nland, and the validity of which is not dependent upon consent by an\nowner of the registered land or some person claiming by, through or\nunder that owner. Adverse instruments include, but are not limited to,\nmechanics' lien claims, judgments, and lis pendens notices. Adverse\ninstruments do not include sheriff's deeds, marshall's deeds, or tax\ndeeds.\n b. "Voluntary instrument" means any document, instrument or paper that\neither conveys the fee title to registered land or affects title to\nregistered land and the validity of which is dependant upon consent by\nan owner of the registered land or by some person claiming by, through,\nor under that owner. Voluntary instruments include, but are not limited\nto, deeds, including tax deeds, sheriff's deeds and marshall's deeds,\nmortgages, assignments of mortgage, leases and grants of easement or\nlicense.\n c. "Registered land" means real property and interests in real\nproperty, which have been registered under this article.\n d. "Registrar's certificate of title" means a document issued pursuant\nto section three hundred ninety-four of this article.\n 2. On and after the effective date of this section, no title to land\nmay be registered under this article. Provided, however, that every\ncertificate of title or instrument affecting title filed prior to the\neffective date of this section shall be registered pursuant to the\nprovisions of this article.\n 3. On or after the effective date of this section and before January\nfirst, two thousand, the registrar shall accept only adverse instruments\nwhich he or she shall register pursuant to this article.\n 4. On and after the effective date of this section the registrar shall\nrefuse to accept for registration any instrument that is a voluntary\ninstrument. Instead of accepting such instruments for registration, the\nregistrar shall upon payment of the statutory recording fee, deliver to\nthe county clerk, or in the counties of Bronx, Kings, Queens and New\nYork, the register for recording each current certificate of title to\nall lands affected by that voluntary or adverse instrument. Before\ndelivering the certificate, the registrar shall memorialize or note on\nthe certificate any instruments relating to incumbrances, charges,\ntrusts, liens and transfers that have been filed with the registrar that\nhave not been memorialized or noted. A certificate of title shall be\ndelivered in the form required for recording.\n 5. On or before January first, two thousand the registrar shall\ndeliver to the county clerk, or in the counties of Bronx, Kings, Queens\nand New York, the register for recording the certificates of title of\nall remaining land which was previously registered under this article.\nBefore delivering those certificates, the registrar shall memorialize or\nnote on the certificates any instruments relating to incumbrances,\ncharges, trusts, liens and transfers that have been filed with the\nregistrar and that have not yet been memorialized or noted. A\ncertificate of title shall be delivered in the form required for\nrecording.\n 6. As of the date of recording of certificates delivered pursuant to\nsubdivision four or five of this section, the recorded certificates\nshall be subject only to incumbrances, charges, trusts, liens and\ntransfers as may be memorialized or noted on the certificate, and free\nfrom all others except those set forth in section four hundred of this\narticle.\n After the recording of certificates which are delivered under\nsubdivisions four and five of this section, title to lands shall be\nconveyed or encumbered in the same manner as set forth in article nine\nof this chapter. All instruments noted or memorialized on the\ncertificates of title so recorded shall have the same force and effect\nas if they were filed with the county clerk, or in the counties of\nBronx, Kings, Queens and New York, the register at the time they were\nnoted or were otherwise memorialized on the certificates of title. No\ninstrument, however, that was filed, docketed or recorded by the county\nclerk, or in the counties of Bronx, Kings, Queens and New York, the\nregister, but that was not duly registered, shall become a lien,\nincumbrance, trust or charge against any title which was delivered\npursuant to subdivisions four and five of this section, unless such\ninstrument was filed, recorded or docketed after the date such title was\nrecorded, provided, however, that a judgement docketed by the county\nclerk prior to the time a certificate of title was recorded shall be\nvalid as against such land if the landowner received notice of such\njudgment.\n 7. Recording of a certificate of title under subdivision four or five\nof this section, shall not disturb the effect of any proceedings under\nthe registry system where the question of title to the real property\nregistered under this article has been determined. All proceedings\nconcerning the registration of title before delivery to the appropriate\noffice under subdivision four or five of this section, and all\nprovisions of this article that relate to the status of the title, shall\nhave continuing force and effect with respect to the period of time that\ntitle remained under the registry system. Those provisions giving rise\nto a right of action for damages against the county shall also continue\nin force and effect with respect to the period of time that title\nremained under the registry system.\n 8. Nothing contained in this section terminates, diminishes or impairs\nany existing right in or pertaining to registered land or any existing\nright to resort to the assurance fund created under sections four\nhundred twenty-six through four hundred twenty-nine of this article and\nthat right may be asserted and enforced in the same manner, to the same\nextent, and subject to the same limitations as provided in those\nsections.\n 9. No claim shall be made based upon prescription or adverse\npossession for land which was recorded under subdivision four or five of\nthis section and which was previously registered under this article\nuntil after such time as the property is transferred or conveyed and the\nelements of such claims may be established against a subsequent owner.\n