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:

(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.