2012 New York Consolidated Laws
RPP - Real Property
Article 12 - (370 - 436) REGISTERING TITLE TO REAL PROPERTY
380 - Official examiner's report of title; other evidences of title.

 
    §  380. Official examiner's report of title; other evidences of title.
  Immediately upon the filing of the petition the  court  shall  enter  an
  order  referring  the  matter  to one of the official examiners of title
  appointed in the  county  as  provided  in  section  three  hundred  and
  seventy-seven of this chapter and directing the registrar to give notice
  of  the  hearing  upon the petition as provided in section three hundred
  and eighty-five of this chapter, to the parties named in  the  petition.
  The  order  shall  also direct the registrar to give such notice to such
  additional persons as the preliminary report of the official examiner of
  title shows should be made parties to  the  proceeding.  In  any  event,
  however,  the determination of the question as to sufficiency of parties
  and as to due service of  notice  shall  be  for  the  court  as  herein
  provided.  As soon as possible after the petition is referred to him the
  official  examiner  of  title  shall  file a preliminary report with the
  registrar as to the sufficiency of the parties named in the petition and
  as to what additional persons, if any, should be  made  parties  to  the
  proceeding.    The official examiner of title shall forthwith proceed to
  examine the title and investigate the facts stated in  the  petition  or
  otherwise  brought  to his notice, and shall make a report in writing to
  the court of the substance of the proof and his  conclusions  therefrom.
  Said  official  examiner's  report  shall  set forth the exact state and
  condition of the title sought to be registered  which  shall  contain  a
  full chain of title disclosing the base, or underlying title and the tax
  sale  title,  if  there  be one, and all mortgages, liens, encumbrances,
  wills, administrations of estates, and  proceedings  of  all  kinds  and
  nature  relating to the real property in question, and the names, places
  of residence with street number, if any, and post  office  addresses  as
  far  as  known or reasonably ascertainable, and the rights or interests,
  or claimed rights or interests, of  the  petitioner  and  of  all  other
  persons having or claiming any rights or interests in or liens upon said
  property  or  any  part  thereof. It shall contain a statement as to the
  appearances of parties and a statement as to whether all proper  parties
  in  interest  have  in  fact  been served with the notice as provided in
  section three hundred and eighty-five of this chapter and if so in  what
  manner,  and  the recommendation of the official examiner of title as to
  whether further notice should be required as to persons residing  within
  or  beyond  the state from whom registered personal return receipt cards
  for the notice of hearing have not been received;  it  shall  contain  a
  proper  reference  to  the  survey,  map or plan provided for in section
  three hundred and eighty-one of this chapter  and  a  statement  of  all
  encroachments,  if  any,  on any surrounding contiguous property and the
  names, places of residence with street number, if any, and  post  office
  addresses  of  the  owners  in fee simple of such surrounding contiguous
  properties, as far as they are known or can be reasonably ascertained by
  inquiry on said properties or otherwise; and, as to actual  or  possible
  owners  or claimants, of the property sought to be registered, not known
  or not found, it shall state fully what search  and  efforts  have  been
  made  to  find  them.  All  possible owners or claimants of the property
  sought to be registered, or of any right or  interest  therein  or  lien
  thereon,  or  in  or  on  any  part  thereof,  who  cannot  be otherwise
  described, shall be designated in  the  report  and  in  the  notice  of
  hearing  on the petition, by the expression, "all other persons, if any,
  having any right or interest in, or lien upon the property  affected  by
  this  proceeding,  or  any  part  thereof."  By  the statements of facts
  contained  in  said  report  of  title,  or  by  separate   accompanying
  affidavits,  or  by  any other additional evidences, if necessary, or by
  any or all of these, sufficient facts must be shown to satisfy the court
  that all owners and claimants of the property sought to  be  registered,

  or  of  any  right,  or  interest  in  or lien upon the same or any part
  thereof,  who  could  be  found  by  diligent  inquiry  are   duly   and
  specifically  named and made parties to the proceeding.  The question of
  the  sufficiency  of  the  proof  that all such owners and claimants who
  could be found by diligent inquiry are duly and specifically  named  and
  made  parties to the proceeding and that they have been duly served with
  the notice of hearing, shall be for the court; its  decision  that  such
  proof  is sufficient shall be shown by its making an order approving the
  official  examiner's  report  of  title  or  the  final  order  for  the
  registration  of  the  title,  and  such  decision  or  order  shall  be
  conclusive as a matter of law after thirty days from  the  time  when  a
  certified  copy  of  the final order and judgment of registration in the
  proceeding is filed in the office of the  registrar  of  the  county  in
  which  the  property is situated. The abstract of title and the searches
  made or used by the official examiner of title in  the  process  of  his
  work  of  examining  the title and all other proper evidences of the due
  examination of the title, shall be filed immediately upon the  entry  of
  the  final  order,  in  the office of the registrar of the county unless
  otherwise directed by the court and  the  same  shall  be  open  to  the
  inspection of any interested person and shall be subject at all times to
  the  direction  of  the  court.  The abstract of title, the searches and
  other evidences of title so filed and also all official records referred
  to therein or in the report of the official examiner of title  shall  be
  deemed  to  be  part  of  the  record  of  the  proceeding. The official
  examiner's report of title shall contain a short form of description  of
  the  property  the title to which is sought to be registered, which form
  is to be used in the notice provided for by section  three  hundred  and
  eighty-six  of  this  chapter.  Said  official  examiner's  report shall
  contain, or be accompanied by, any other or further information that the
  court may prescribe, and shall be in such form as the court may order or
  as the court of  appeals  may  prescribe  in  its  rules.  The  official
  examiner  of  title may receive in evidence and may base his report upon
  any official search or abstract or any search or abstract issued in  the
  regular  course  of business by any corporation duly organized under and
  by virtue of the laws of this state and by said laws duly authorized  to
  make  and  to certify to searches and abstracts of title or to guarantee
  or insure titles to real property in this state. It shall be the duty of
  any public official forthwith to certify the returns of any search  upon
  the  requisition of any official examiner of title and without charge or
  fees for the same.  Where  the  title  to  the  premises  sought  to  be
  registered  is in whole or in part the same as that of another parcel of
  land title to which  has  been  registered,  reference  to  the  earlier
  abstract  on  file  in  the county in which the petition is filed may be
  made by the official examiner of  title  in  place  of  duplicating  the
  matters therein contained. References to official searches duly filed in
  the  county  in  which the petition is filed may be made by the official
  examiner of title in place of duplicating the matters therein contained.
  The papers so referred to shall have the same  effect  as  evidence  and
  proof  in the proceeding as said official examiner's report of title, or
  said searches, as the case may be. Where the petition seeks registration
  of a title subject to restrictive covenants or agreements, it shall  not
  be  necessary to name or serve those persons who have or claim rights to
  enforce such covenants and agreements, but unless such persons are named
  and served the final order and judgment of registration must direct that
  the title be registered subject to such covenants and agreements.