Legislation
SECTION 379
Contents of petition for registration; other papers to be filed
Real Property (RPP) CHAPTER 50, ARTICLE 12
§ 379. Contents of petition for registration; other papers to be
filed. The petition for registration shall be verified in the same
manner and form as a pleading in an action and shall set forth, in
addition to any other proper allegations:
(a) The name and place of residence with street number, if any, and
post-office address of each of the petitioners, and when made by one
acting in behalf of another, the name, place of residence and street
number, if any, and post-office address and capacity of the person so
acting.
(b) That each of the petitioners is of the full age of eighteen years
and free from any disability, or, if he is a minor or under disability,
his age or the nature of such disability, and the authority of the
person by whom his petition is made.
(c) The names and places of residence with street number, if any, and
post-office addresses of all persons having or claiming any interest in
or lien upon the property, or any part thereof, the title to which is
sought to be registered, and whether or not any of them are infants or
otherwise incapacitated; the owners in fee simple of the surrounding
contiguous properties, and their post-office addresses so far as they
are known or can be reasonably ascertained by inquiry on such property;
the people of the state of New York; and a designation of all other
possible owners and claimants of the property or any right or interest
in or lien upon the property or any part thereof as "all other persons,
if any, having any right or interest in or lien upon the property
affected by this proceeding, or any part thereof." The petition shall
state so far as is known to the petitioner, what claim, if any, the
state of New York makes to the property in question or what interest, if
any, it has therein other than the general governmental interest or such
as exists as to all land in private ownership.
(d) An adequate description of the land and whether vacant or
improved, and if improved, the nature of the improvement, and if
occupied, the names of the occupants and the nature of their occupancy
except as to tenancies under leases for periods not exceeding one year.
(e) A statement of the estate, interest or right claimed by the
petitioner in the property the title to which is sought to be
registered; the value of the property on the basis of the last
assessment for local taxation, and any mortgage or other encumbrance,
lien, restriction, easement, claim or interest to which the title is
subject so far as known to the petitioner.
(f) A prayer that the title be duly registered, as belonging to and
vested in the petitioner, or as the facts may require at the time of
such registration.
(g) With said petition shall be filed an abstract of title or search
of the real property described in the petition, either issued in the
regular course of business by a corporation duly authorized under the
laws of this state to make and certify to searches and abstracts of
title or to guarantee or insure titles to real property in this state or
certified by a member of the bar of this state, which shall contain a
full chain of title disclosing the base or underlying title and the tax
sale title, if there be one, such chain or chains of title to commence
with a full covenant or warranty deed dated at least forty years prior
to the commencement of the proceeding, or in the absence thereof, with a
source of title generally accepted as good in the locality in which the
real property is situated, and which abstract of title or search shall
set forth all mortgages, liens, encumbrances, wills, administration of
estates, and proceedings of all kinds and nature relating to the real
property in question. The abstract of title or search shall be delivered
by the registrar upon the filing thereof to the attorney-general of this
state for his use and inspection, and shall be returned to the registrar
with the final order herein unless the return of same shall be
previously requested by said registrar or by the official examiner of
title.
The court may require the petition to be amended and reverified as the
circumstances of the case may demand or make proper.
filed. The petition for registration shall be verified in the same
manner and form as a pleading in an action and shall set forth, in
addition to any other proper allegations:
(a) The name and place of residence with street number, if any, and
post-office address of each of the petitioners, and when made by one
acting in behalf of another, the name, place of residence and street
number, if any, and post-office address and capacity of the person so
acting.
(b) That each of the petitioners is of the full age of eighteen years
and free from any disability, or, if he is a minor or under disability,
his age or the nature of such disability, and the authority of the
person by whom his petition is made.
(c) The names and places of residence with street number, if any, and
post-office addresses of all persons having or claiming any interest in
or lien upon the property, or any part thereof, the title to which is
sought to be registered, and whether or not any of them are infants or
otherwise incapacitated; the owners in fee simple of the surrounding
contiguous properties, and their post-office addresses so far as they
are known or can be reasonably ascertained by inquiry on such property;
the people of the state of New York; and a designation of all other
possible owners and claimants of the property or any right or interest
in or lien upon the property or any part thereof as "all other persons,
if any, having any right or interest in or lien upon the property
affected by this proceeding, or any part thereof." The petition shall
state so far as is known to the petitioner, what claim, if any, the
state of New York makes to the property in question or what interest, if
any, it has therein other than the general governmental interest or such
as exists as to all land in private ownership.
(d) An adequate description of the land and whether vacant or
improved, and if improved, the nature of the improvement, and if
occupied, the names of the occupants and the nature of their occupancy
except as to tenancies under leases for periods not exceeding one year.
(e) A statement of the estate, interest or right claimed by the
petitioner in the property the title to which is sought to be
registered; the value of the property on the basis of the last
assessment for local taxation, and any mortgage or other encumbrance,
lien, restriction, easement, claim or interest to which the title is
subject so far as known to the petitioner.
(f) A prayer that the title be duly registered, as belonging to and
vested in the petitioner, or as the facts may require at the time of
such registration.
(g) With said petition shall be filed an abstract of title or search
of the real property described in the petition, either issued in the
regular course of business by a corporation duly authorized under the
laws of this state to make and certify to searches and abstracts of
title or to guarantee or insure titles to real property in this state or
certified by a member of the bar of this state, which shall contain a
full chain of title disclosing the base or underlying title and the tax
sale title, if there be one, such chain or chains of title to commence
with a full covenant or warranty deed dated at least forty years prior
to the commencement of the proceeding, or in the absence thereof, with a
source of title generally accepted as good in the locality in which the
real property is situated, and which abstract of title or search shall
set forth all mortgages, liens, encumbrances, wills, administration of
estates, and proceedings of all kinds and nature relating to the real
property in question. The abstract of title or search shall be delivered
by the registrar upon the filing thereof to the attorney-general of this
state for his use and inspection, and shall be returned to the registrar
with the final order herein unless the return of same shall be
previously requested by said registrar or by the official examiner of
title.
The court may require the petition to be amended and reverified as the
circumstances of the case may demand or make proper.