Constellation Similarity Assertions

The State Legislature, by virtue of Chapter 444 of the laws of 1908, introduced the Torrens system as an alternative method of real property title registration. Under the system, landowners were required to submit an application for registration of title to the Supreme Court. The court, after conducting appropriate proceedings, would direct the issuance of a certificate of title. Under the Torrens system, a certificate of title sufficed to show full, valid, and indefeasible title to real property.

Before application was made for registration, each title had to be thoroughly examined and certified by an official examiner of title. Persons admitted to practice law in New York and corporations authorized by State law to guarantee or insure titles to real property were eligible to be licensed as official examiners of title. The Court of Appeals was responsible for prescribing rules regulating licensing of title examiners. A qualified candidate was licensed to practice as an official examiner of title by an order of the department of the Appellate Division of the Supreme Court in which he resided.

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