N.Y. Real Property Law Section 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:

(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.

Source: Section 379 — Contents of petition for registration; other papers to be filed, https://www.­nysenate.­gov/legislation/laws/RPP/379 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

370
Petition to register title to real property
371
Petitions and proceedings to be in supreme court
372
County clerks and registers to be registrars of title
373
Registrar’s bond
374
Deputy registrars’ powers and duties
375
Compensation of registrars and deputy registrars, official examiners of title, and registration clerks
376
Disposition of fees received by registrar
377
Official examiners of title
378
What owners may apply
379
Contents of petition for registration
380
Official examiner’s report of title
381
Survey, map or plan to be filed
382
Notice of petition and of pendency of proceeding
385
Proceedings upon the petition
386
Form of notice to parties
388
Guardian ad litem
389
Any person interested may appear and defend
390
Title in lands vested
391
Final orders conclusive
392
Fraud
393
Registration of title
394
Certificate of title
395
Title book
396
Duplicate certificate of title
398
Certificate to include dealings pending registration
399
Certificate of title as evidence
400
Rights of owners of registered property
401
Registered property not affected by prescription or adverse possession
402
Fraud
403
Memorial to be carried forward
404
Registered property to remain registered
404‑A
Withdrawal from registration in certain instances
405
Registered property subject to same rights and burdens as unregistered property
406
Transfers of registered property
407
Certificate as to part of property remaining after transfer
409
Filing, entering and indexing papers pursuant to this act
409‑A
Entries in other indexes
410
Notice of filed papers
411
Addresses of interested parties
412
When a transfer is deemed to be registered
413
New certificates of title
414
Loss of duplicate certificate
415
Mortgages, leases and other liens and charges
416
Proceedings to register mortgage, lease or other lien or charge
417
Judgments, decrees, attachments and other liens to be noted on certificate
418
Assignment of mortgage, lease, or other lien or charge
419
Release, discharge or surrender of charge or incumbrance
420
Enforcement of mortgages, charges, liens and incumbrances
421
Powers of attorney to be filed and registered
422
Reference of doubtful matters to the court
423
Death of owner of registered property
423‑A
Form for transfer of property upon death of owner of registered property
424
Transfer on death deed
426
Assurance fund
427
Compensation from assurance fund
428
Action against assurance fund
429
Restrictions on claims against assurance fund
430
Penalties for fraudulent acts or false certificates
431
Forgery and fraudulent stamping
432
Fees to be charged
433
Construction of article
434
Form for official examiner’s report of title
435
Form for certificate of title
436
Termination of title registration procedures

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 379’s source at nysenate​.gov

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