Section 381. Survey, map or plan to be filed  


Latest version.
  • 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 show
      the exact boundaries of the land and its connection with adjacent  lands
      and  any adjoining or neighboring streets and avenues, and the distances
      from  such  adjoining  or  neighboring  streets  or  avenues,  and   all
      encroachments,  if  any,  and all other facts which are usually shown by
      accurate surveys. If any adjacent land is already registered, the survey
      must properly connect and harmonize with the survey of  such  previously
      registered  land.  There  shall be attached to such survey, map or plan,
      and filed with it, an affidavit of the surveyor by  whom  it  was  made,
      that  it  was  made by him personally or under his immediate supervision
      and direction; that it  is  a  survey,  map  or  plan  of  the  property
      described  in  the  petition or the official examiner's report of title,
      and that according to the best of his knowledge and belief said property
      is included in the boundaries shown on such survey, map or plan, without
      any encroachments or improper erections, except as  follows:    (stating
      and  describing  any  encroachments  or improper locations of buildings,
      fences or other structures). After  the  original  registration  of  any
      parcel  of  land,  a  new  survey,  map  or  plan  of the same showing a
      subdivision thereof into lots may be  filed  with  the  registrar  after
      compliance  with the provisions of section three hundred thirty-four and
      section three hundred thirty-five of the real property law, as  amended,
      and  chapter  six  hundred  twenty  of  the  laws  of  nineteen  hundred
      twenty-six. The filing of such a new survey, map or plan  shall  outline
      the  registered portion of the property, shall be noted as a memorial on
      the certificate of title to which it relates, and thereafter the land or
      any interest therein shall be transferred or encumbered by reference  to
      it;  in  the event that the old description is used, reference must also
      be made to the new map.