Legislation
SECTION 400
Rights of owners of registered property; exceptions; incumbrances and transfers to be filed
Real Property (RPP) CHAPTER 50, ARTICLE 12
§ 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, who takes a certificate of title for value and in good faith,
shall hold the same free from all incumbrances, charges, trusts, liens
and transfers, except those noted on the certificate in the registrar's
office, and any of the following which may exist:
First. Liens, claims, or rights arising or existing under the laws or
constitution of the United States, which the statutes of this state do
not require to appear of record;
Second. Any tax, water rate, or assessment which becomes a lien on the
property after initial registration and for which a sale has not been
made;
Third. Any lease or agreement for a lease, made after or pending
registration, for a period not exceeding one year, where there is actual
occupation of the land under the lease or agreement;
Fourth. Easements or servitudes which accrue against the property
after initial registration in such manner as not to require their
registration.
Except as specified in the foregoing statement of exceptions, no
incumbrance, charge, trust, lien, or transfer shall take effect upon or
over real property the title to which has been registered, unless the
instrument creating and setting forth such incumbrance, charge, trust,
lien, or transfer has been filed with the registrar and a memorial or
notation thereof made upon the certificate of title covering the
property.
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, who takes a certificate of title for value and in good faith,
shall hold the same free from all incumbrances, charges, trusts, liens
and transfers, except those noted on the certificate in the registrar's
office, and any of the following which may exist:
First. Liens, claims, or rights arising or existing under the laws or
constitution of the United States, which the statutes of this state do
not require to appear of record;
Second. Any tax, water rate, or assessment which becomes a lien on the
property after initial registration and for which a sale has not been
made;
Third. Any lease or agreement for a lease, made after or pending
registration, for a period not exceeding one year, where there is actual
occupation of the land under the lease or agreement;
Fourth. Easements or servitudes which accrue against the property
after initial registration in such manner as not to require their
registration.
Except as specified in the foregoing statement of exceptions, no
incumbrance, charge, trust, lien, or transfer shall take effect upon or
over real property the title to which has been registered, unless the
instrument creating and setting forth such incumbrance, charge, trust,
lien, or transfer has been filed with the registrar and a memorial or
notation thereof made upon the certificate of title covering the
property.