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This entry was published on 2014-09-22
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Survey, map or plan to be filed
Real Property (RPP) CHAPTER 50, ARTICLE 12
§ 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 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.