N.Y. Real Property Law § 390: Title in lands vested; clouds thereon removed

§ 390. Title in lands vested; clouds thereon removed. In any

proceeding under this article, the court may find and decree in whom the

title to or any right or interest in the property or any part thereof is

vested, whether in the petitioner, or in any other person, and may

remove clouds from the title, and may determine whether or not the same

is subject to any lien or incumbrance, estate, right, trust or interest,

and may declare and fix the same, and may direct the registrar to

register such title, right, or interest, and in case the same is subject

to any lien, incumbrance, estate, trust or interest, may give directions

as to the manner and order in which the same shall appear upon the

certificate of title to be issued by the registrar, and generally in

such a proceeding, the court may make any and all such orders and

directions as shall be according to equity in the premises and in

conformity to the principles of this article. But no final order or

judgment of registration of a title shall be made or entered until proof

is duly made in the proceeding by the report of an official examiner and

by the certificate or receipt of the officer entitled to collect the

taxes, assessments or water rents, that all taxes, water rents and

assessments that may at that time be a lien on the property, right or

interest the title to which is so registered, have been fully paid and

discharged, unless the court directs the title to be registered subject

to any such tax, water rent or assessment, which said tax, water rent or

assessment must then be noted on the certificate of title. Where the

title to be registered is subject to restrictive covenants or

agreements, and it shall appear to the court either that said

restrictive covenants or agreements have been violated or that by reason

of the proper parties not having been joined the court should not

proceed to determine whether said restrictive covenants or agreements

have or have not been violated, then in either case title may

nevertheless be registered; but the final order or judgment of

registration must direct the registration to be "subject to any question

as to whether covenants (specifying them) have been violated, " and the

certificate of title shall so note; and then the rights in respect to

such covenants of any person interested therein shall not be affected by

such final order or judgment or registration. When the land the title

to which is to be registered abuts upon any street, avenue, road or way

the final order or judgment of registration may provide for the

registration of the petitioner's interests or rights in and to such

street, avenue, road or way; but if such final order or judgment fail so

to provide, then the interests or rights of the petitioner in such

street, avenue, road or way shall become and be parcel of or appurtenant

to the property registered, and shall be included in any conveyance of

or incumbrance or lien upon such registered property, unless it is

expressly reserved in or excepted from such conveyance, incumbrance or

lien. Such express reservation or exception shall be effected only by a

clause directly reserving or excepting such interests or rights in such

street, avenue, road or way and shall not be implied from the language

used in any description of the registered property subsequent to the

initial registration thereof.