§ 390. Title in lands vested; clouds thereon removed. In any
proceeding under this article, the court may find and decree in whom the
title to or any right or interest in the property or any part thereof is
vested, whether in the petitioner, or in any other person, and may
remove clouds from the title, and may determine whether or not the same
is subject to any lien or incumbrance, estate, right, trust or interest,
and may declare and fix the same, and may direct the registrar to
register such title, right, or interest, and in case the same is subject
to any lien, incumbrance, estate, trust or interest, may give directions
as to the manner and order in which the same shall appear upon the
certificate of title to be issued by the registrar, and generally in
such a proceeding, the court may make any and all such orders and
directions as shall be according to equity in the premises and in
conformity to the principles of this article. But no final order or
judgment of registration of a title shall be made or entered until proof
is duly made in the proceeding by the report of an official examiner and
by the certificate or receipt of the officer entitled to collect the
taxes, assessments or water rents, that all taxes, water rents and
assessments that may at that time be a lien on the property, right or
interest the title to which is so registered, have been fully paid and
discharged, unless the court directs the title to be registered subject
to any such tax, water rent or assessment, which said tax, water rent or
assessment must then be noted on the certificate of title. Where the
title to be registered is subject to restrictive covenants or
agreements, and it shall appear to the court either that said
restrictive covenants or agreements have been violated or that by reason
of the proper parties not having been joined the court should not
proceed to determine whether said restrictive covenants or agreements
have or have not been violated, then in either case title may
nevertheless be registered; but the final order or judgment of
registration must direct the registration to be "subject to any question
as to whether covenants (specifying them) have been violated, " and the
certificate of title shall so note; and then the rights in respect to
such covenants of any person interested therein shall not be affected by
such final order or judgment or registration. When the land the title
to which is to be registered abuts upon any street, avenue, road or way
the final order or judgment of registration may provide for the
registration of the petitioner's interests or rights in and to such
street, avenue, road or way; but if such final order or judgment fail so
to provide, then the interests or rights of the petitioner in such
street, avenue, road or way shall become and be parcel of or appurtenant
to the property registered, and shall be included in any conveyance of
or incumbrance or lien upon such registered property, unless it is
expressly reserved in or excepted from such conveyance, incumbrance or
lien. Such express reservation or exception shall be effected only by a
clause directly reserving or excepting such interests or rights in such
street, avenue, road or way and shall not be implied from the language
used in any description of the registered property subsequent to the
initial registration thereof.