N.Y. Real Property Law § 380: Official examiner's report of title; other evidences of title

§ 380. Official examiner's report of title; other evidences of title.

Immediately upon the filing of the petition the court shall enter an

order referring the matter to one of the official examiners of title

appointed in the county as provided in section three hundred and

seventy-seven of this chapter and directing the registrar to give notice

of the hearing upon the petition as provided in section three hundred

and eighty-five of this chapter, to the parties named in the petition.

The order shall also direct the registrar to give such notice to such

additional persons as the preliminary report of the official examiner of

title shows should be made parties to the proceeding. In any event,

however, the determination of the question as to sufficiency of parties

and as to due service of notice shall be for the court as herein

provided. As soon as possible after the petition is referred to him the

official examiner of title shall file a preliminary report with the

registrar as to the sufficiency of the parties named in the petition and

as to what additional persons, if any, should be made parties to the

proceeding. The official examiner of title shall forthwith proceed to

examine the title and investigate the facts stated in the petition or

otherwise brought to his notice, and shall make a report in writing to

the court of the substance of the proof and his conclusions therefrom.

Said official examiner's report shall set forth the exact state and

condition of the title sought to be registered which 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, and the names, places

of residence with street number, if any, and post office addresses as

far as known or reasonably ascertainable, and the rights or interests,

or claimed rights or interests, of the petitioner and of all other

persons having or claiming any rights or interests in or liens upon said

property or any part thereof. It shall contain a statement as to the

appearances of parties and a statement as to whether all proper parties

in interest have in fact been served with the notice as provided in

section three hundred and eighty-five of this chapter and if so in what

manner, and the recommendation of the official examiner of title as to

whether further notice should be required as to persons residing within

or beyond the state from whom registered personal return receipt cards

for the notice of hearing have not been received; it shall contain a

proper reference to the survey, map or plan provided for in section

three hundred and eighty-one of this chapter and a statement of all

encroachments, if any, on any surrounding contiguous property and the

names, places of residence with street number, if any, and post office

addresses of the owners in fee simple of such surrounding contiguous

properties, as far as they are known or can be reasonably ascertained by

inquiry on said properties or otherwise; and, as to actual or possible

owners or claimants, of the property sought to be registered, not known

or not found, it shall state fully what search and efforts have been

made to find them. All possible owners or claimants of the property

sought to be registered, or of any right or interest therein or lien

thereon, or in or on any part thereof, who cannot be otherwise

described, shall be designated in the report and in the notice of

hearing on the petition, by the expression, "all other persons, if any,

having any right or interest in, or lien upon the property affected by

this proceeding, or any part thereof." By the statements of facts

contained in said report of title, or by separate accompanying

affidavits, or by any other additional evidences, if necessary, or by

any or all of these, sufficient facts must be shown to satisfy the court

that all owners and claimants of the property sought to be registered,

or of any right, or interest in or lien upon the same or any part

thereof, who could be found by diligent inquiry are duly and

specifically named and made parties to the proceeding. The question of

the sufficiency of the proof that all such owners and claimants who

could be found by diligent inquiry are duly and specifically named and

made parties to the proceeding and that they have been duly served with

the notice of hearing, shall be for the court; its decision that such

proof is sufficient shall be shown by its making an order approving the

official examiner's report of title or the final order for the

registration of the title, and such decision or order shall be

conclusive as a matter of law after thirty days from the time when a

certified copy of the final order and judgment of registration in the

proceeding is filed in the office of the registrar of the county in

which the property is situated. The abstract of title and the searches

made or used by the official examiner of title in the process of his

work of examining the title and all other proper evidences of the due

examination of the title, shall be filed immediately upon the entry of

the final order, in the office of the registrar of the county unless

otherwise directed by the court and the same shall be open to the

inspection of any interested person and shall be subject at all times to

the direction of the court. The abstract of title, the searches and

other evidences of title so filed and also all official records referred

to therein or in the report of the official examiner of title shall be

deemed to be part of the record of the proceeding. The official

examiner's report of title shall contain a short form of description of

the property the title to which is sought to be registered, which form

is to be used in the notice provided for by section three hundred and

eighty-six of this chapter. Said official examiner's report shall

contain, or be accompanied by, any other or further information that the

court may prescribe, and shall be in such form as the court may order or

as the court of appeals may prescribe in its rules. The official

examiner of title may receive in evidence and may base his report upon

any official search or abstract or any search or abstract issued in the

regular course of business by any corporation duly organized under and

by virtue of the laws of this state and by said laws duly authorized to

make and to certify to searches and abstracts of title or to guarantee

or insure titles to real property in this state. It shall be the duty of

any public official forthwith to certify the returns of any search upon

the requisition of any official examiner of title and without charge or

fees for the same. Where the title to the premises sought to be

registered is in whole or in part the same as that of another parcel of

land title to which has been registered, reference to the earlier

abstract on file in the county in which the petition is filed may be

made by the official examiner of title in place of duplicating the

matters therein contained. References to official searches duly filed in

the county in which the petition is filed may be made by the official

examiner of title in place of duplicating the matters therein contained.

The papers so referred to shall have the same effect as evidence and

proof in the proceeding as said official examiner's report of title, or

said searches, as the case may be. Where the petition seeks registration

of a title subject to restrictive covenants or agreements, it shall not

be necessary to name or serve those persons who have or claim rights to

enforce such covenants and agreements, but unless such persons are named

and served the final order and judgment of registration must direct that

the title be registered subject to such covenants and agreements.