§ 390 — Title in lands vested; clouds thereon removed

New York § 390

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

Text

§ 390. Title in lands vested; clouds thereon removed. In any\nproceeding under this article, the court may find and decree in whom the\ntitle to or any right or interest in the property or any part thereof is\nvested, whether in the petitioner, or in any other person, and may\nremove clouds from the title, and may determine whether or not the same\nis subject to any lien or incumbrance, estate, right, trust or interest,\nand may declare and fix the same, and may direct the registrar to\nregister such title, right, or interest, and in case the same is subject\nto any lien, incumbrance, estate, trust or interest, may give directions\nas to the manner and order in which the same shall appear upon the\ncertificate of title to be issued by the registrar, and generally in\nsuch a proceeding, the court may make any and all such orders and\ndirections as shall be according to equity in the premises and in\nconformity to the principles of this article. But no final order or\njudgment of registration of a title shall be made or entered until proof\nis duly made in the proceeding by the report of an official examiner and\nby the certificate or receipt of the officer entitled to collect the\ntaxes, assessments or water rents, that all taxes, water rents and\nassessments that may at that time be a lien on the property, right or\ninterest the title to which is so registered, have been fully paid and\ndischarged, unless the court directs the title to be registered subject\nto any such tax, water rent or assessment, which said tax, water rent or\nassessment must then be noted on the certificate of title. Where the\ntitle to be registered is subject to restrictive covenants or\nagreements, and it shall appear to the court either that said\nrestrictive covenants or agreements have been violated or that by reason\nof the proper parties not having been joined the court should not\nproceed to determine whether said restrictive covenants or agreements\nhave or have not been violated, then in either case title may\nnevertheless be registered; but the final order or judgment of\nregistration must direct the registration to be "subject to any question\nas to whether covenants (specifying them) have been violated, " and the\ncertificate of title shall so note; and then the rights in respect to\nsuch covenants of any person interested therein shall not be affected by\nsuch final order or judgment or registration. When the land the title\nto which is to be registered abuts upon any street, avenue, road or way\nthe final order or judgment of registration may provide for the\nregistration of the petitioner's interests or rights in and to such\nstreet, avenue, road or way; but if such final order or judgment fail so\nto provide, then the interests or rights of the petitioner in such\nstreet, avenue, road or way shall become and be parcel of or appurtenant\nto the property registered, and shall be included in any conveyance of\nor incumbrance or lien upon such registered property, unless it is\nexpressly reserved in or excepted from such conveyance, incumbrance or\nlien. Such express reservation or exception shall be effected only by a\nclause directly reserving or excepting such interests or rights in such\nstreet, avenue, road or way and shall not be implied from the language\nused in any description of the registered property subsequent to the\ninitial registration thereof.\n