(1) The recording of a certificate of title under section 38-36-204 or 38-36-205 removes the land described in the certificate from this article 36 with the same effect as withdrawal pursuant to section 38-36-136. After the recording, the recorded certificate of title constitutes a new chain of record title in the registered owner of any estate or interest as shown on the certificate, subject only to estates, mortgages, liens, charges, and interests as may be noted on the certificate, and free from all others except the following: (a) Any existing lease for a period not exceeding three years, when there is actual occupation of the premises under the lease; (b) All public highways embraced in the description of the land included in the certificates are deemed to be excluded from the certificate, and any subsisting right-of-way or other easement for ditches or water rights upon, over, or in respect to the land; (c) Any tax or special assessment for which a sale of the land has not been had at the date of the certificate of title; and (d) Liens, claims, or rights, if any, arising or existing under the constitution or laws of the United States, and which the statutes of this state cannot or do not require to appear of record in the office of the county clerk and recorder. (2) After a registrar records a certificate of title under section 38-36-204 or 38-36-205, title to lands is conveyed or encumbered in the same manner as title to unregistered lands. All instruments shown as memorials on the certificates of title so recorded have the same force and effect as if they were filed with the clerk and recorder at the time they were filed or were otherwise memorialized on the certificates. No instrument that was filed or recorded in any other public office before the recording as provided in this part 2, but that was not duly registered, is effective or constitutes public notice as to those lands as a result of the recording; except that the instrument may be recorded thereafter.
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