N.Y. Real Property Law § 378: What owners may apply; what titles may be registered

§ 378. What owners may apply; what titles may be registered. Petition

for registration of title may be made by the following persons:

First. The person or persons who claim, singly or collectively, to own

in fee simple the legal estate in land, or in some right in or over

land, and who hold and possess such land or such right.

Second. The person or persons who claim, singly or collectively, to

own a contract for the purchase in fee simple of the legal estate in

land, or in some right in or over land, from the owner thereof.

Registration in the name of the holder of the contract shall not be

made, except on the production of a proper transfer of title under and

pursuant to the contract from a transferor in possession, or the consent

in writing, duly acknowledged, of the proposed vendor in possession and

named in the contract and his wife, if he be married. Such transfer or

consent may be made after the commencement of the registration

proceeding.

Third. The person or persons who claim singly or collectively, to have

the power of appointing or disposing in fee simple of the legal estate

in land, or in some right in or over land.

No title to a mortgage, lien, trust, charge or estate less than a fee

simple shall be registered, unless the title to the legal estate in fee

simple in the same property is first registered.

When the petition is made by the holder of a contract to purchase, it

shall refer to the ownership of the proposed vendor, and to the contract

of purchase and sale.

It shall not be an objection to bringing real property under this

article that the estate or interest of the petitioner is subject to any

outstanding lesser estate, mortgage, trust, charge, or other lien or

right. But any such lesser estate, mortgage, trust, charge, or other

lien or right shall be duly noted on the certificate of title when

issued.