2012 New York Consolidated Laws
RPP - Real Property
Article 12 - (370 - 436) REGISTERING TITLE TO REAL PROPERTY
390 - Title in lands vested; clouds thereon removed.

 
    §  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.