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This entry was published on 2014-09-22
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Official examiners of title
Real Property (RPP) CHAPTER 50, ARTICLE 12
§ 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
prescribe such rules as it deems expedient with respect to ascertaining
the fitness and qualifications of individuals for appointment as
official examiners of title. Such rules may provide that the length of
time during which candidates have practiced law and the experience they
have had in the examination of titles to real property shall be taken
into consideration in determining their qualifications. Every official
examiner of title must be an attorney and counselor-at-law of this
state. Subject to rules hereafter adopted by the court of appeals,
attorneys and counselors-at-law heretofore duly licensed as official
examiners of title shall be eligible for appointment as official
examiners of title. In case the registrar shall fail to appoint an
official examiner of title in any county, the justice of the supreme
court to which petition is made to register any land in such county or
to which petition is made to withdraw from registration under the
provisions of section four hundred and four-a of this chapter, may
appoint a competent attorney to act as such official examiner of title
upon that petition. Any official examiner of title shall have the power
to administer any oath or affidavit, and to hold hearings and
investigations necessary to determine questions of fact arising in the
course of his examination of any title, may summon and subpoena
witnesses and examine them under oath with regard thereto, and may at
any time apply to the supreme court for directions, and receive its
assistance, in regard to any investigations conducted by him. The
appellate division of the supreme court shall have the jurisdiction to
control and regulate the conduct and work of official examiners of title
and may admonish, discipline, suspend or remove from office or position
any official examiner of title, because of any dishonesty, incompetency,
neglect of duty or any other improper conduct or omission, either on its
own motion, or on the suggestion or recommendation of the justice of the
supreme court having general supervision and control of the business
coming under this law in the county in which such official examiner of
title is appointed; and it shall be the duty of said appellate division
to co-operate with such justice in endeavoring to retain the highest
possible standard of ability, efficiency and honest service for all
official examiners of title acting under and pursuant to this law. No
person who is the attorney or counsel or otherwise interested in a
proceeding to register title to real property shall act as official
examiner of title in such proceeding.