N.Y. Real Property Law Section 385
Proceedings upon the petition

  • notice of hearing

Immediately upon the filing of the petition and of the notice thereof as provided in § 382 (Notice of petition and of pendency of proceeding)section three hundred eighty-two of this chapter, and upon receiving the preliminary report of the official examiner of title as to the sufficiency of parties, the registrar shall cause a notice, fixing the time and place at which the petition will be heard, to be published in a newspaper published in the county in which the land is situated. The return day of said notice shall not be less than twenty days nor more than sixty days after the date of publication. The registrar shall also, within seven days of the publication of said notice in a newspaper, cause a copy of said notice to be sent by certified letter, demanding a return personally signed receipt card, to every party to the proceeding whose address is known. The court may also cause other or further notice of the petition to be given. The court shall, so far as it considers it possible, require proof of actual notice to all parties who appear to have any interest in, or claim to, the land included in the petition. Notice to such persons by mail shall be by certified letter, demanding a return personally signed receipt card. The registrar shall also cause the notice of such proceeding and hearing to be posted, at least fourteen days before the return day, in a conspicuous place on each parcel of land affected by the proceeding. The certificate of the registrar that he has served the notice as directed by the court, by publishing and mailing, and that the notice has been duly posted upon the land, shall be filed in the case, with affidavits in support of the same, on or before the return day, and shall be proof of such service. The necessary disbursements of the official examiner of title in the course of his work, the expense of the publication, the mailing, the disbursements for service of the notice, and the posting on the land of the notices shall be paid by the petitioner. Upon the return day the hearing may be adjourned from time to time by the court on its own motion or on the motion of the official examiner of title, or of any party. Service of notice upon the people of the state of New York may be made by mailing a copy of said notice securely inclosed in a postpaid wrapper and directed to the attorney general of the state of New York. Where the people of the state of New York or any municipality in the state is made a party to the proceeding or appears therein the registrar shall serve upon the state or such municipality on its appearance in such proceeding by the attorney general or corporation counsel or officer discharging similar functions, a copy of the petition, abstract of title and survey filed which abstract of title shall contain a full chain of title disclosing the base or underlying title and the tax sale title if there be one, and all mortgages, liens, encumbrances, wills, administrations of estates, and proceedings of all kinds and nature, relating to the real property in question, as required by this article. Unless the court otherwise directs no report shall be made upon the petition, until the time specified in the notice of the hearing on the petition, and, if any adverse claimant or objector appears, the report shall not be confirmed until opportunity is given to contest the rights of the petitioner in such manner as shall be allowed by the court. The court may refer to the official examiner of title any controverted matter or question for hearing and report. Default shall be noted on the failure to appear of any of those on whom the notice of hearing has been served and upon petition to the court a final order and judgment of registration may be entered at once on the failure to appear and object of all persons so served. The official examiner’s report upon being presented to the court shall be prima facie and presumptive evidence of the facts stated therein, and all statements in the report shall be taken and construed as statements of fact, unless they are expressly declared therein to be conclusions or opinions. In no case shall the court be bound by the report of an official examiner of title but may require other or further proof. If any party to the proceeding controverts any statement contained in the official examiner’s report, the facts controverting such statement must be specifically pleaded and set forth and must be established affirmatively by the party pleading or setting forth the same. The trial of any issue raised shall be governed by and shall proceed according to the laws of this state and the rules of the court in so far as the same are not expressly abrogated or modified by this article.

Source: Section 385 — Proceedings upon the petition; notice of hearing, https://www.­nysenate.­gov/legislation/laws/RPP/385 (updated Sep. 22, 2014; accessed Jul. 13, 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:
Jul. 13, 2024

Last modified:
Sep. 22, 2014

§ 385’s source at nysenate​.gov

Link Style