§ 380 — Official examiner's report of title; other evidences of title

New York § 380

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 12: Registering Title to Real Property

Text

§ 380. Official examiner's report of title; other evidences of title.\nImmediately upon the filing of the petition the court shall enter an\norder referring the matter to one of the official examiners of title\nappointed in the county as provided in section three hundred and\nseventy-seven of this chapter and directing the registrar to give notice\nof the hearing upon the petition as provided in section three hundred\nand eighty-five of this chapter, to the parties named in the petition.\nThe order shall also direct the registrar to give such notice to such\nadditional persons as the preliminary report of the official examiner of\ntitle shows should be made parties to the proceeding. In any event,\nhowever, the determination of the question as to sufficiency of parties\nand as to due service of notice shall be for the court as herein\nprovided. As soon as possible after the petition is referred to him the\nofficial examiner of title shall file a preliminary report with the\nregistrar as to the sufficiency of the parties named in the petition and\nas to what additional persons, if any, should be made parties to the\nproceeding. The official examiner of title shall forthwith proceed to\nexamine the title and investigate the facts stated in the petition or\notherwise brought to his notice, and shall make a report in writing to\nthe court of the substance of the proof and his conclusions therefrom.\nSaid official examiner's report shall set forth the exact state and\ncondition of the title sought to be registered which shall contain a\nfull chain of title disclosing the base, or underlying title and the tax\nsale title, if there be one, and all mortgages, liens, encumbrances,\nwills, administrations of estates, and proceedings of all kinds and\nnature relating to the real property in question, and the names, places\nof residence with street number, if any, and post office addresses as\nfar as known or reasonably ascertainable, and the rights or interests,\nor claimed rights or interests, of the petitioner and of all other\npersons having or claiming any rights or interests in or liens upon said\nproperty or any part thereof. It shall contain a statement as to the\nappearances of parties and a statement as to whether all proper parties\nin interest have in fact been served with the notice as provided in\nsection three hundred and eighty-five of this chapter and if so in what\nmanner, and the recommendation of the official examiner of title as to\nwhether further notice should be required as to persons residing within\nor beyond the state from whom registered personal return receipt cards\nfor the notice of hearing have not been received; it shall contain a\nproper reference to the survey, map or plan provided for in section\nthree hundred and eighty-one of this chapter and a statement of all\nencroachments, if any, on any surrounding contiguous property and the\nnames, places of residence with street number, if any, and post office\naddresses of the owners in fee simple of such surrounding contiguous\nproperties, as far as they are known or can be reasonably ascertained by\ninquiry on said properties or otherwise; and, as to actual or possible\nowners or claimants, of the property sought to be registered, not known\nor not found, it shall state fully what search and efforts have been\nmade to find them. All possible owners or claimants of the property\nsought to be registered, or of any right or interest therein or lien\nthereon, or in or on any part thereof, who cannot be otherwise\ndescribed, shall be designated in the report and in the notice of\nhearing on the petition, by the expression, "all other persons, if any,\nhaving any right or interest in, or lien upon the property affected by\nthis proceeding, or any part thereof." By the statements of facts\ncontained in said report of title, or by separate accompanying\naffidavits, or by any other additional evidences, if necessary, or by\nany or all of these, sufficient facts must be shown to satisfy the court\nthat all owners and claimants of the property sought to be registered,\nor of any right, or interest in or lien upon the same or any part\nthereof, who could be found by diligent inquiry are duly and\nspecifically named and made parties to the proceeding. The question of\nthe sufficiency of the proof that all such owners and claimants who\ncould be found by diligent inquiry are duly and specifically named and\nmade parties to the proceeding and that they have been duly served with\nthe notice of hearing, shall be for the court; its decision that such\nproof is sufficient shall be shown by its making an order approving the\nofficial examiner's report of title or the final order for the\nregistration of the title, and such decision or order shall be\nconclusive as a matter of law after thirty days from the time when a\ncertified copy of the final order and judgment of registration in the\nproceeding is filed in the office of the registrar of the county in\nwhich the property is situated. The abstract of title and the searches\nmade or used by the official examiner of title in the process of his\nwork of examining the title and all other proper evidences of the due\nexamination of the title, shall be filed immediately upon the entry of\nthe final order, in the office of the registrar of the county unless\notherwise directed by the court and the same shall be open to the\ninspection of any interested person and shall be subject at all times to\nthe direction of the court. The abstract of title, the searches and\nother evidences of title so filed and also all official records referred\nto therein or in the report of the official examiner of title shall be\ndeemed to be part of the record of the proceeding. The official\nexaminer's report of title shall contain a short form of description of\nthe property the title to which is sought to be registered, which form\nis to be used in the notice provided for by section three hundred and\neighty-six of this chapter. Said official examiner's report shall\ncontain, or be accompanied by, any other or further information that the\ncourt may prescribe, and shall be in such form as the court may order or\nas the court of appeals may prescribe in its rules. The official\nexaminer of title may receive in evidence and may base his report upon\nany official search or abstract or any search or abstract issued in the\nregular course of business by any corporation duly organized under and\nby virtue of the laws of this state and by said laws duly authorized to\nmake and to certify to searches and abstracts of title or to guarantee\nor insure titles to real property in this state. It shall be the duty of\nany public official forthwith to certify the returns of any search upon\nthe requisition of any official examiner of title and without charge or\nfees for the same. Where the title to the premises sought to be\nregistered is in whole or in part the same as that of another parcel of\nland title to which has been registered, reference to the earlier\nabstract on file in the county in which the petition is filed may be\nmade by the official examiner of title in place of duplicating the\nmatters therein contained. References to official searches duly filed in\nthe county in which the petition is filed may be made by the official\nexaminer of title in place of duplicating the matters therein contained.\nThe papers so referred to shall have the same effect as evidence and\nproof in the proceeding as said official examiner's report of title, or\nsaid searches, as the case may be. Where the petition seeks registration\nof a title subject to restrictive covenants or agreements, it shall not\nbe necessary to name or serve those persons who have or claim rights to\nenforce such covenants and agreements, but unless such persons are named\nand served the final order and judgment of registration must direct that\nthe title be registered subject to such covenants and agreements.\n