A search affecting real property, when made and certified to by a title insurance, abstract or searching company, organized under the laws of this state, may be used in place of, and with the same legal effect as, an official search.
R 4523.Search by title insurance or abstract company
Article 45. Evidence · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 4523 allows a title search made and certified by a New York title insurance, abstract, or searching company to stand in for an official search and to carry the same legal effect an official search would carry.
Full Text of CPLR 4523
Plain-English Summary
Before a real estate closing, someone has to run a title search: checking the public record for liens, mortgages, easements, and other encumbrances on a parcel. Much of that work is done today by private title insurance and abstract companies rather than by government clerks. CPLR 4523 confirms that a search performed and certified by such a company, so long as it is organized under New York law, can be used in place of an official search with the same legal effect.
This matters in litigation because a title dispute or a claim against a title policy often turns on what the search showed and when. Without this rule, a party might have to prove up the private search through additional authentication steps before a court would treat it the way it treats a search conducted by a public office. CPLR 4523 removes that extra step for New York title, abstract, and searching companies.
The rule is narrow in one respect: it covers companies organized under the laws of New York. A search from an out-of-state company does not get the benefit of this particular provision.
Frequently Asked Questions
What does CPLR 4523 let a party do with a private title search?
It lets a search made and certified by a New York title insurance, abstract, or searching company be used in place of an official search, with the same legal effect.
Does the title company have to be based in New York?
The statute requires that the company be organized under the laws of New York to get the benefit of this rule.
Why does it matter whether a search counts as an official search?
Because official searches carry an established evidentiary standing in real property litigation, and CPLR 4523 extends that same standing to certified private company searches instead of requiring separate proof of reliability.
Does CPLR 4523 apply to searches used in title insurance claims?
Yes. It is commonly invoked when a title company's own certified search becomes relevant evidence in litigation over a policy or a real property transaction.
How does CPLR 4523 relate to CPLR 4522's rule for ancient records?
CPLR 4522 covers old filed maps and records directly, while CPLR 4523 covers a private company's certified search of those and other records; the two rules work together in real property litigation.
Advisory Committee Notes
This rule is the same as former § 385 with minor language changes.
Amendment History
Formerly § 4523, add, L 1962, ch 308; amd, L 1962, ch 315, § 1, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
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