Title RPP, Real Property

§ 339-w. Books of receipts and expenditures; availability for\nexamination. The manager or board of managers, as the case may be, shall\nkeep detailed, accurate records, in chronological order, of the receipts\nand expenditures arising from the operation of the property. Such\nr…

§ 339-x. Waiver of use of common elements; abandonment of unit;\nconveyance to board of managers. No unit owner may exempt himself from\nliability for his common charges by waiver of the use or enjoyment of\nany of the common elements or by abandonment of his unit. Subject to\ns…

§ 339-y. Separate taxation. 1. (a) With respect to all property\nsubmitted to the provisions of this article other than property which is\nthe subject of a qualified leasehold condominium, each unit and its\ncommon interest, not including any personal property, shall be deemed t…

§ 339-z. Lien for common charges; priority; exoneration of grantor and\ngrantee. The board of managers, on behalf of the unit owners, shall have\na lien on each unit for the unpaid common charges thereof, together with\ninterest thereon, prior to all other liens except only (i) …

§ 342. Certain covenants, conditions, and restrictions of homeowners'\nassociations prohibited. 1. Definitions. For the purposes of this\nsection:\n (a) "restriction on use" means any covenant, restriction, or condition\ncontained in:\n (i) a deed;\n (ii) a contract;\n (iii) the…

§ 343. Certain covenants, conditions, and restrictions of homeowners'\nassociations prohibited. 1. Definitions. For the purposes of this\nsection:\n (a) "restriction on use" shall mean any covenant, restriction, or\ncondition contained in:\n (i) a deed;\n (ii) a contract;\n (iii…

* § 344-a. Manufactured home; affixed to a permanent foundation. For\npurposes of this article, the term "manufactured home" means a\n"manufactured home" as defined in paragraph fifty-three of subsection\n(a) of section 9-102 of the uniform commercial code. For purposes of\nthis…

* § 344-b. Conversion procedure. (a) A manufactured home shall be\ndeemed to be real property and shall be governed by the laws applicable\nthereto when the following conditions are satisfied:\n (i) The manufactured home shall be affixed to a permanent foundation;\n (ii) The own…

* § 344-c. Affidavit of affixation. (a) To convey or voluntarily\nencumber a manufactured home, an affidavit of affixation shall contain\nor be accompanied by:\n (i) so far as the data exists, the name of the manufacturer, the make,\nthe model name, the model year, the dimension…

* § 344-d. Disposition of liens. Neither the act of affixing a\nmanufactured home to real property, nor the recording of the affidavit\nof affixation shall impair the rights of any holder of a security\ninterest in a manufactured home perfected as provided in section\ntwenty-one…

* § 344-e. Notice to commissioner of motor vehicles. Upon payment of\nthe fees provided by law and recordation of the affidavit of affixation,\nthe recording officer shall endorse the affidavit as "recorded in land\nrecords", setting forth thereon the indexing information for th…

* § 344-f. Time of conversion. (a) A manufactured home shall be\nconsidered real property as provided in section three hundred\nforty-four-g of this article when an application to surrender a\nmanufacturer's certificate of origin pursuant to section twenty-one\nhundred seventeen…

* § 344-g. Conveyance and encumbrance as real property. Upon\nsatisfaction of the conditions provided in section three hundred\nforty-four-b of this article, any mortgage, lien or security interest\nwhich can attach to land, buildings erected thereon or fixtures affixed\nthereto…

* § 344-h. Manufactured homes that remain personal property. Except as\nprovided in section three hundred forty-four-b, section three hundred\nforty-four-c, and section three hundred forty-four-e, of this article,\nan affidavit of affixation is not necessary or effective to conv…

* § 344-i. Documents in trust. (a) Manufacturer's certificate of\norigin. The holder of a manufacturer's certificate of origin to a\nmanufactured home may deliver it to any person to facilitate conveying\nor encumbering the home. Any person receiving any such manufacturer's\ncer…

* § 344-j. Home warranty. A warranty that applies to a manufactured\nhome when it is sold and rights arising from a breach of the warranty\nare not affected by a subsequent change in the home's classification as\nreal property pursuant to this article. No additional warranty app…

* § 344-k. Impairment of rights. Nothing in this section shall impair\nany rights existing under law prior to the effective date of this\nsection of anyone claiming an interest in a manufactured home.\n * NB Effective December 12, 2026\n

§ 345. Recording of declaration of intention to preserve certain\nrestrictions on the use of land. 1. Except as provided in subdivision\neight of this section, a condition subsequent or special limitation\nrestricting the use of land and the right of entry or possibility of\nrev…

§ 370. Petition to register title to real property. Real property, or\nany estate, interest, or right therein, the title to which is hereby\nauthorized to be registered, may be brought under the operation of this\narticle by the filing of a verified petition praying for registra…

§ 371. Petitions and proceedings to be in supreme court; title part of\nspecial term.\n The petition for registration must be made to the supreme court; or to\na justice thereof, sitting at a special term in any of the counties\nwithin the judicial department where the property …

§ 372. County clerks and registers to be registrars of title. County\nclerks in the several counties of the state, except the counties that\nmay have registers, and in the latter counties the registers of said\ncounties shall be "registrars" of titles in their respective countie…

§ 373. Registrar's bond. Every registrar, before entering upon his\nduties as registrar, shall give a bond with sufficient security, to be\napproved by a justice of the supreme court, payable to the people of the\nstate of New York, in a penal sum the same as that for his bond a…

§ 374. Deputy registrars' powers and duties. In any county where the\nbusiness under this article so warrants, the registrar may appoint a\nchief deputy and as many other deputies as are needed. But no one unless\nhe is also a deputy register or an assistant deputy register appo…

§ 375. Compensation of registrars and deputy registrars, official\nexaminers of title, and registration clerks. Where county clerks and\nregisters are salaried officials, the local authorities (county\nofficials who provide for county expense, in the city of New York, the\nmayor…

§ 376. Disposition of fees received by registrar. All fees received by\nthe registrar, for the performance of the duties devolving upon him and\nupon the official examiners of title pursuant to this article, shall be\ndisposed of in the same manner as are fees paid to county cle…

§ 377. Official examiners of title. The registrar in any county is\nauthorized to appoint one or more official examiners of title who shall\nbe qualified in accordance with the provisions of law and such rules as\nmay be adopted by the court of appeals. The court of appeals shal…

§ 378. What owners may apply; what titles may be registered. Petition\nfor registration of title may be made by the following persons:\n First. The person or persons who claim, singly or collectively, to own\nin fee simple the legal estate in land, or in some right in or over\nl…

§ 379. Contents of petition for registration; other papers to be\nfiled. The petition for registration shall be verified in the same\nmanner and form as a pleading in an action and shall set forth, in\naddition to any other proper allegations:\n (a) The name and place of residen…

§ 380. Official examiner's report of title; other evidences of title.\nImmediately upon the filing of the petition the court shall enter an\norder referring the matter to one of the official examiners of title\nappointed in the county as provided in section three hundred and\nse…

§ 381. Survey, map or plan to be filed. There shall be filed with the\nregistrar a survey, map or plan of the land the title to which is sought\nto be registered, which shall be made by a competent surveyor and shall\nbe subject to the approval of the court, and which shall clea…

§ 382. Notice of petition and of pendency of proceeding. At the time\nwhen the petition for registration of the title of any property is\nfiled, the petitioner shall also cause to be filed a notice thereof in\nthe offices of the county clerk and of the registrar of each county\n…

§ 385. Proceedings upon the petition; notice of hearing. Immediately\nupon the filing of the petition and of the notice thereof as provided in\nsection three hundred eighty-two of this chapter, and upon receiving the\npreliminary report of the official examiner of title as to th…

§ 386. Form of notice to parties. The notice to be served upon the\nparties to the proceeding required by section three hundred and\neighty-five shall be issued by the order of court and subscribed by the\nregistrar, and shall be in form substantially as follows:\n REGISTRATION …

§ 388. Guardian ad litem. In any proceeding to register title, the\ncourt may make an order appointing a disinterested attorney, other than\nthe official examiner of title by whom the title was examined and\nreported and certified, to act as guardian ad litem for all minor\npers…

§ 389. Any person interested may appear and defend. Any person\ninterested in the property, or whose interests may be affected by the\nfinal order or judgment of registration in the proceeding, whether\nspecifically named in the notice or not, may enter his appearance by\nservin…

§ 390. Title in lands vested; clouds thereon removed. In any\nproceeding under this article, the court may find and decree in whom the\ntitle to or any right or interest in the property or any part thereof is\nvested, whether in the petitioner, or in any other person, and may\nr…

§ 391. Final orders conclusive; to be entered and docketed as a\njudgment. No final order or judgment of registration shall be made,\nunless the court is satisfied that the title to be registered\naccordingly is free from reasonable doubt. The final order entered upon\nan applic…

§ 392. Fraud; action to set aside or appeal from the final order or\njudgment of registration or to recover the property. Any title\nregistration procured by or as the result of fraud may be set aside, in\nthe same manner and by the same proceedings as in the case of a deed\nobt…

§ 393. Registration of title. Upon entering the final order and\njudgment of registration, an enrollment thereof as a judgment roll in an\naction must be prepared, and filed in the office of the clerk,\nconsisting of the petition, the notice with proof of service, the\nofficial …

§ 394. Certificate of title. The registrar shall make, in the form\nprescribed by section four hundred and thirty-five of this chapter, an\noriginal certificate of title of every title, right or interest\nregistered by him pursuant to this article. Said certificate shall bear\nt…

§ 395. Title book. The registrar shall keep a book or books to be\nknown respectively as the "title book", wherein he shall enter all first\nand subsequent "original" certificates of title by binding or recording\nthem therein, with appropriate blanks for the entry of memorials …

§ 396. Duplicate certificate of title. The registrar shall, upon the\nrequest by the owner in writing, make out an exact duplicate thereof,\nwith the memorials and notations thereon noted, which will be the\nowner's proof of ownership for the property, and forward the same to th…

§ 398. Certificate to include dealings pending registration. In every\ncase of initial registration, the certificate of title shall include all\ndealings with the real property, and all statutory or other liens filed\nagainst the same, subsequent to the filing of the application…

§ 399. Certificate of title as evidence. The certificate of title, and\nany copy thereof duly certified under the hand and seal of the registrar\nand the owner's duplicate certificate, until the expiration of the time\nherein limited to bring an action or proceeding to set aside…

§ 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\npropert…

§ 401. Registered property not affected by prescription or adverse\npossession. No title to registered real property, in derogation of that\nof the registered owner, shall be acquired by prescription or adverse\npossession.\n

§ 402. Fraud; notice only by registration. Except in case of fraud and\nexcept also as herein otherwise provided, no person taking a transfer of\nany registered real property or of any estate or interest therein or\nlien or charge thereon from the registered owner shall be requi…

§ 403. Memorial to be carried forward. (a) Unless written application\nis made by a mortgagee, who acquires fee title to the premises, not to\nmerge said mortgage with the fee title, the registrar shall delete the\nmortgage from the memorial on the certificate of title.\n (b) Wh…

§ 404. Registered property to remain registered. The bringing of\nproperty under this article shall imply an agreement, running with the\nland and binding upon the applicant and all his successors in interest\nor title, that the property shall be subject to the terms of this\nar…

§ 404-a. Withdrawal from registration in certain instances.\nNotwithstanding the provisions of section four hundred four of this\nchapter, a title to real property which has been duly registered as\nprovided by article twelve thereof may be withdrawn from such\nregistration upon…