Title RPP, Real Property

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

§ 339-x. Waiver of use of common elements; abandonment of unit; conveyance to board of managers. No unit owner may exempt himself from liability for his common charges by waiver of the use or enjoyment of any of the common elements or by abandonment of his unit. Subject to such …

§ 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 grantee. The board of managers, on behalf of the unit owners, shall have a lien on each unit for the unpaid common charges thereof, together with interest thereon, prior to all other liens except only (i) lie…

§ 342. Certain covenants, conditions, and restrictions of homeowners' associations prohibited. 1. Definitions. For the purposes of this section: (a) "restriction on use" means any covenant, restriction, or condition contained in: (i) a deed; (ii) a contract; (iii) the by-laws of…

§ 343. Certain covenants, conditions, and restrictions of homeowners' associations prohibited. 1. Definitions. For the purposes of this section: (a) "restriction on use" shall mean any covenant, restriction, or condition contained in: (i) a deed; (ii) a contract; (iii) the by-la…

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

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

* § 344-c. Affidavit of affixation. (a) To convey or voluntarily encumber a manufactured home, an affidavit of affixation shall contain or be accompanied by: (i) so far as the data exists, the name of the manufacturer, the make, the model name, the model year, the dimensions, an…

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

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

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

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

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

* § 344-i. Documents in trust. (a) Manufacturer's certificate of origin. The holder of a manufacturer's certificate of origin to a manufactured home may deliver it to any person to facilitate conveying or encumbering the home. Any person receiving any such manufacturer's certifi…

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

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

§ 345. Recording of declaration of intention to preserve certain restrictions on the use of land. 1. Except as provided in subdivision eight of this section, a condition subsequent or special limitation restricting the use of land and the right of entry or possibility of reverte…

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

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

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

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

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

§ 375. Compensation of registrars and deputy registrars, official examiners of title, and registration clerks. Where county clerks and registers are salaried officials, the local authorities (county officials who provide for county expense, in the city of New York, the mayor) sh…

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

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

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

§ 379. Contents of petition for registration; other papers to be filed. The petition for registration shall be verified in the same manner and form as a pleading in an action and shall set forth, in addition to any other proper allegations: (a) The name and place of residence wi…

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

§ 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…

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

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

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

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

§ 389. Any person interested may appear and defend. Any person interested in the property, or whose interests may be affected by the final order or judgment of registration in the proceeding, whether specifically named in the notice or not, may enter his appearance by serving a …

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

§ 391. Final orders conclusive; to be entered and docketed as a judgment. No final order or judgment of registration shall be made, unless the court is satisfied that the title to be registered accordingly is free from reasonable doubt. The final order entered upon an applicatio…

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

§ 393. Registration of title. Upon entering the final order and judgment of registration, an enrollment thereof as a judgment roll in an action must be prepared, and filed in the office of the clerk, consisting of the petition, the notice with proof of service, the official exam…

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

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

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

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

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

§ 400. Rights of owners of registered property; exceptions; incumbrances and transfers to be filed. A person who receives a certificate of title pursuant to a judgment of registration, except in case of fraud to which he is a party, and a purchaser of registered real property, w…

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

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

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

§ 404. Registered property to remain registered. The bringing of property under this article shall imply an agreement, running with the land and binding upon the applicant and all his successors in interest or title, that the property shall be subject to the terms of this articl…

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