§ 379 — Contents of petition for registration; other papers to be filed

§ 379. Contents of petition for registration; other papers to be\nfiled. The petition for registration shall be verified in the same\nmanner and form as a pleading in an action and shall set forth, in\naddition to any other proper allegations:\n (a) The name and place of residence with street number, if any, and\npost-office address of each of the petitioners, and when made by one\nacting in behalf of another, the name, place of residence and street\nnumber, if any, and post-office address and capacity of the person so\nacting.\n (b) That each of the petitioners is of the full age of eighteen years\nand free from any disability, or, if he is a minor or under disability,\nhis age or the nature of such disability, and the authority of the\nperson by whom his petition is made.\n (c) The names and places of residence with street number, if any, and\npost-office addresses of all persons having or claiming any interest in\nor lien upon the property, or any part thereof, the title to which is\nsought to be registered, and whether or not any of them are infants or\notherwise incapacitated; the owners in fee simple of the surrounding\ncontiguous properties, and their post-office addresses so far as they\nare known or can be reasonably ascertained by inquiry on such property;\nthe people of the state of New York; and a designation of all other\npossible owners and claimants of the property or any right or interest\nin or lien upon the property or any part thereof as "all other persons,\nif any, having any right or interest in or lien upon the property\naffected by this proceeding, or any part thereof." The petition shall\nstate so far as is known to the petitioner, what claim, if any, the\nstate of New York makes to the property in question or what interest, if\nany, it has therein other than the general governmental interest or such\nas exists as to all land in private ownership.\n (d) An adequate description of the land and whether vacant or\nimproved, and if improved, the nature of the improvement, and if\noccupied, the names of the occupants and the nature of their occupancy\nexcept as to tenancies under leases for periods not exceeding one year.\n (e) A statement of the estate, interest or right claimed by the\npetitioner in the property the title to which is sought to be\nregistered; the value of the property on the basis of the last\nassessment for local taxation, and any mortgage or other encumbrance,\nlien, restriction, easement, claim or interest to which the title is\nsubject so far as known to the petitioner.\n (f) A prayer that the title be duly registered, as belonging to and\nvested in the petitioner, or as the facts may require at the time of\nsuch registration.\n (g) With said petition shall be filed an abstract of title or search\nof the real property described in the petition, either issued in the\nregular course of business by a corporation duly authorized under the\nlaws of this state to make and certify to searches and abstracts of\ntitle or to guarantee or insure titles to real property in this state or\ncertified by a member of the bar of this state, which shall contain a\nfull chain of title disclosing the base or underlying title and the tax\nsale title, if there be one, such chain or chains of title to commence\nwith a full covenant or warranty deed dated at least forty years prior\nto the commencement of the proceeding, or in the absence thereof, with a\nsource of title generally accepted as good in the locality in which the\nreal property is situated, and which abstract of title or search shall\nset forth all mortgages, liens, encumbrances, wills, administration of\nestates, and proceedings of all kinds and nature relating to the real\nproperty in question. The abstract of title or search shall be delivered\nby the registrar upon the filing thereof to the attorney-general of this\nstate for his use and inspection, and shall be returned to the registrar\nwith the final order herein unless the return of same shall be\npreviously requested by said registrar or by the official examiner of\ntitle.\n The court may require the petition to be amended and reverified as the\ncircumstances of the case may demand or make proper.\n