NY State — NY Real Property Law

§ 382 — SECTION 382 Notice of petition and of pendency of proceeding

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

What is NY RPL § 382?

Quick Answer

This section mandates that a notice of petition for property title registration be filed with the county clerk and registrar. The notice must be indexed against the petitioner and known adverse parties, serving as official notification of the proceeding. Applies to individuals filing for title registration of property.

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§ 382 SECTION 382 Notice of petition and of pendency of proceeding

RPL § 382

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 where the property is situated, which notice shall be made and filed in the manner prescribed for a notice of pendency of a civil action, and shall be indexed against the names of the petitioner and all known adverse parties or claimants except the owners of abutting properties, and shall constitute notice of the pendency of the petition and of the proceeding, and shall be governed in all respects by the same rules as a notice of pendency of a civil action, except, that, if the petition be dismissed, or the proceeding discontinued, or in any way terminated other than by the registration of the title, no order for the cancellation of such notice shall be made by the court until it is duly and fully proved to the court that the provisions of section four hundred and ten of this chapter have been fully complied with and performed. The notice of pendency of proceeding filed with the registrar, as provided in this section shall also be noted on the "tickler certificate book" as a petition and said notice shall be treated as, and take the place of the petition in all cases in which this act requires the registrar to deal with the petition, and shall be given a petition number, beginning with number one for the first petition filed and so on in numerical order, and also a serial number. In any place, however, where there is a block or lot system of indexing in use, the said notice shall be indexed according to such system.

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