N.Y. Real Property Law 379 – Contents of petition for registration; other papers to be filed
§ 379. Contents of petition for registration; other papers to be filed. The petition for registration shall be verified in the same manner and form as a pleading in an action and shall set forth, in addition to any other proper allegations:
Terms Used In N.Y. Real Property Law 379
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a) The name and place of residence with street number, if any, and post-office address of each of the petitioners, and when made by one acting in behalf of another, the name, place of residence and street number, if any, and post-office address and capacity of the person so acting.
(b) That each of the petitioners is of the full age of eighteen years and free from any disability, or, if he is a minor or under disability, his age or the nature of such disability, and the authority of the person by whom his petition is made.
(c) The names and places of residence with street number, if any, and post-office addresses of all persons having or claiming any interest in or lien upon the property, or any part thereof, the title to which is sought to be registered, and whether or not any of them are infants or otherwise incapacitated; the owners in fee simple of the surrounding contiguous properties, and their post-office addresses so far as they are known or can be reasonably ascertained by inquiry on such property; the people of the state of New York; and a designation of all other possible owners and claimants of the property or any right or interest in or lien upon the property or any part thereof as "all other persons, if any, having any right or interest in or lien upon the property affected by this proceeding, or any part thereof." The petition shall state so far as is known to the petitioner, what claim, if any, the state of New York makes to the property in question or what interest, if any, it has therein other than the general governmental interest or such as exists as to all land in private ownership.
(d) An adequate description of the land and whether vacant or improved, and if improved, the nature of the improvement, and if occupied, the names of the occupants and the nature of their occupancy except as to tenancies under leases for periods not exceeding one year.
(e) A statement of the estate, interest or right claimed by the petitioner in the property the title to which is sought to be registered; the value of the property on the basis of the last assessment for local taxation, and any mortgage or other encumbrance, lien, restriction, easement, claim or interest to which the title is subject so far as known to the petitioner.
(f) A prayer that the title be duly registered, as belonging to and vested in the petitioner, or as the facts may require at the time of such registration.
(g) With said petition shall be filed an abstract of title or search of the real property described in the petition, either issued in the regular course of business by a corporation duly authorized under the laws of this state to make and certify to searches and abstracts of title or to guarantee or insure titles to real property in this state or certified by a member of the bar of this state, which shall contain a full chain of title disclosing the base or underlying title and the tax sale title, if there be one, such chain or chains of title to commence with a full covenant or warranty deed dated at least forty years prior to the commencement of the proceeding, or in the absence thereof, with a source of title generally accepted as good in the locality in which the real property is situated, and which abstract of title or search shall set forth all mortgages, liens, encumbrances, wills, administration of estates, and proceedings of all kinds and nature relating to the real property in question. The abstract of title or search shall be delivered by the registrar upon the filing thereof to the attorney-general of this state for his use and inspection, and shall be returned to the registrar with the final order herein unless the return of same shall be previously requested by said registrar or by the official examiner of title.
The court may require the petition to be amended and reverified as the circumstances of the case may demand or make proper.