New York § 378 What owners may apply; what titles may be registered

New York Statutes

§ 378 — What owners may apply; what titles may be registered

New York § 378

Law RPPReal Property

Art. 12Registering Title to Real Property

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Bluebook

N.Y. Real Property § 378 (2026).

Text

  § 378. What owners may apply; what titles may be registered.  Petition\nfor registration of title may be made by the following persons:\n  First. The person or persons who claim, singly or collectively, to own\nin fee simple the legal estate in land, or in some right in or over\nland, and who hold and possess such land or such right.\n  Second. The person or persons who claim, singly or collectively, to\nown a contract for the purchase in fee simple of the legal estate in\nland, or in some right in or over land, from the owner thereof.\nRegistration in the name of the holder of the contract shall not be\nmade, except on the production of a proper transfer of title under and\npursuant to the contract from a transferor in possession, or the consent\nin writing, duly acknowledged, of the pr

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§ 378. What owners may apply; what titles may be registered. Petition\nfor registration of title may be made by the following persons:\n First. The person or persons who claim, singly or collectively, to own\nin fee simple the legal estate in land, or in some right in or over\nland, and who hold and possess such land or such right.\n Second. The person or persons who claim, singly or collectively, to\nown a contract for the purchase in fee simple of the legal estate in\nland, or in some right in or over land, from the owner thereof.\nRegistration in the name of the holder of the contract shall not be\nmade, except on the production of a proper transfer of title under and\npursuant to the contract from a transferor in possession, or the consent\nin writing, duly acknowledged, of the proposed vendor in possession and\nnamed in the contract and his wife, if he be married. Such transfer or\nconsent may be made after the commencement of the registration\nproceeding.\n Third. The person or persons who claim singly or collectively, to have\nthe power of appointing or disposing in fee simple of the legal estate\nin land, or in some right in or over land.\n No title to a mortgage, lien, trust, charge or estate less than a fee\nsimple shall be registered, unless the title to the legal estate in fee\nsimple in the same property is first registered.\n When the petition is made by the holder of a contract to purchase, it\nshall refer to the ownership of the proposed vendor, and to the contract\nof purchase and sale.\n It shall not be an objection to bringing real property under this\narticle that the estate or interest of the petitioner is subject to any\noutstanding lesser estate, mortgage, trust, charge, or other lien or\nright. But any such lesser estate, mortgage, trust, charge, or other\nlien or right shall be duly noted on the certificate of title when\nissued.\n