dliu1/legal-llama-raw-text huggingface dataset:
official examiners within such county  and  it  shall  be  his  duty  to
observe  and  supervise their work as such official examiners, to advise
them when necessary and to make any suggestions  or  recommendations  to
the appellate division with respect to discipline, suspension or removal
of  any  of them as to him may seem necessary or proper in the interests
of the successful operation of this law.
§  372. County clerks and registers to be registrars of title.  County
clerks in the several counties of the state, except  the  counties  that
may  have  registers,  and  in the latter counties the registers of said
counties shall be registrars of titles in their  respective  counties.
All  laws  relative to registers, county clerks and their deputies shall
extend to registrars and their deputies, so  far  as  the  same  may  be
applicable,  except as in this article otherwise provided. Registrars of
titles shall be county officers, within the meaning of the laws of  this
§  373.  Registrar's  bond.  Every registrar, before entering upon his
duties as registrar, shall give a bond with sufficient security,  to  be
approved by a justice of the supreme court, payable to the people of the
state  of  New  York,  in  a  penal sum the same as that for his bond as
register or county clerk or in a sum which may be fixed  by  the  county
board  of  supervisors,  conditioned  for  the faithful discharge of his
duties, and to deliver up all papers, books, records and other  property
belonging  to  the  county or appertaining to his office as registrar of
titles, whole, safe and undefaced, when  lawfully  required  so  to  do,
which bond shall be filed in the office of the secretary of state.
§  374.  Deputy registrars' powers and duties. In any county where the
business under this article so warrants, the  registrar  may  appoint  a
chief deputy and as many other deputies as are needed. But no one unless
he  is  also a deputy register or an assistant deputy register appointed
under statutory authority, or a deputy county clerk, shall be  appointed
as such deputy registrar unless he has qualified as an official examiner
of  title  as  described  and  required  by  section  three  hundred and
seventy-seven of this chapter.
Deputies may perform any and all duties of the registrar in  the  name
of  the registrar, and the acts of such deputies shall be held to be the
acts of the registrar, and in case of the death of the registrar, or his
removal from office, the chief deputy shall thereupon become the  acting
registrar  until  such  vacancy shall be filled according to law, and he
shall file a like bond and be vested with the same powers and subject to
the same responsibilities and entitled to the same  compensation  as  in
the case of the registrar.
§  375.  Compensation  of  registrars  and deputy registrars, official
examiners of title, and registration clerks.  Where  county  clerks  and
registers   are   salaried  officials,  the  local  authorities  (county
officials who provide for county expense, in the city of New  York,  the
mayor)  shall  fix their additional compensation as registrars, also the
compensation of deputy registrars,  official  examiners  of  title,  the
clerks, et cetera, needed to carry on the work under this article. Where
a county clerk or a register is compensated directly by the fees paid to
himself,  his deputies and assistants, the fees paid to him as registrar
shall take the usual course and be used to compensate deputies, official
examiners of title, clerks, et cetera, at such rates  as  the  registrar
may fix, the remainder to belong to him.
§ 376. Disposition of fees received by registrar. All fees received by
the  registrar, for the performance of the duties devolving upon him and
upon the official examiners of title pursuant to this article, shall  be
disposed  of  in  the  same manner as are fees paid to county clerks and
registers, except as otherwise provided for in this article. It shall be
the duty of the local authorities who provide for  county  expenses,  to
provide  such  accommodations,  help, safes, books, papers, and for such
other expenses as may properly be  required  by  the  registrar  in  the
conduct of his office.
§  377.  Official  examiners  of title. The registrar in any county is
authorized to appoint one or more official examiners of title who  shall
be  qualified in accordance with the provisions of law and such rules as
may be adopted by the court of appeals.   The  court  of  appeals  shall
prescribe  such rules as it deems expedient with respect to ascertaining
the  fitness  and  qualifications  of  individuals  for  appointment  as
official  examiners  of title. Such rules may provide that the length of
time during which candidates have practiced law and the experience  they
have  had  in  the examination of titles to real property shall be taken
into consideration in determining their qualifications.  Every  official
examiner  of  title  must  be  an  attorney and counselor-at-law of this
state. Subject to rules hereafter  adopted  by  the  court  of  appeals,
attorneys  and  counselors-at-law  heretofore  duly licensed as official
examiners of  title  shall  be  eligible  for  appointment  as  official
examiners  of  title.  In  case  the  registrar shall fail to appoint an
official examiner of title in any county, the  justice  of  the  supreme
court  to  which petition is made to register any land in such county or
to which petition is  made  to  withdraw  from  registration  under  the
provisions  of  section  four  hundred  and  four-a of this chapter, may
appoint a competent attorney to act as such official examiner  of  title
upon  that petition. Any official examiner of title shall have the power
to  administer  any  oath  or  affidavit,  and  to  hold  hearings   and
investigations  necessary  to determine questions of fact arising in the
course of  his  examination  of  any  title,  may  summon  and  subpoena
witnesses  and  examine  them under oath with regard thereto, and may at
any time apply to the supreme court  for  directions,  and  receive  its
assistance,  in  regard  to  any  investigations  conducted  by him. The
appellate division of the supreme court shall have the  jurisdiction  to
control and regulate the conduct and work of official examiners of title
and  may admonish, discipline, suspend or remove from office or position
any official examiner of title, because of any dishonesty, incompetency,
neglect of duty or any other improper conduct or omission, either on its
own motion, or on the suggestion or recommendation of the justice of the
supreme court having general supervision and  control  of  the  business
coming  under  this law in the county in which such official examiner of
title is appointed; and it shall be the duty of said appellate  division
to  co-operate  with  such  justice in endeavoring to retain the highest
possible standard of ability, efficiency  and  honest  service  for  all
official  examiners  of  title acting under and pursuant to this law. No
person who is the attorney or  counsel  or  otherwise  interested  in  a
proceeding  to  register  title  to  real property shall act as official
examiner of title in such proceeding.
§ 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
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.
§  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
The court may require the petition to be amended and reverified as the
circumstances of the case may demand or make proper.
§  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.
§  381. Survey, map or plan to be filed. There shall be filed with the
registrar a survey, map or plan of the land the title to which is sought
to be registered, which shall be made by a competent surveyor and  shall
be  subject  to  the approval of the court, and which shall clearly show
the exact boundaries of the land and its connection with adjacent  lands
and  any adjoining or neighboring streets and avenues, and the distances
from  such  adjoining  or  neighboring  streets  or  avenues,  and   all
encroachments,  if  any,  and all other facts which are usually shown by
accurate surveys. If any adjacent land is already registered, the survey
must properly connect and harmonize with the survey of  such  previously
registered  land.  There  shall be attached to such survey, map or plan,
and filed with it, an affidavit of the surveyor by  whom  it  was  made,
that  it  was  made by him personally or under his immediate supervision
and direction; that it  is  a  survey,  map  or  plan  of  the  property
described  in  the  petition or the official examiner's report of title,
and that according to the best of his knowledge and belief said property
is included in the boundaries shown on such survey, map or plan, without
any encroachments or improper erections, except as  follows:    (stating
and  describing  any  encroachments  or improper locations of buildings,
fences or other structures). After  the  original  registration  of  any
parcel  of  land,  a  new  survey,  map  or  plan  of the same showing a
subdivision thereof into lots may be  filed  with  the  registrar  after
compliance  with the provisions of section three hundred thirty-four and
section three hundred thirty-five of the real property law, as  amended,
and  chapter  six  hundred  twenty  of  the  laws  of  nineteen  hundred
twenty-six. The filing of such a new survey, map or plan  shall  outline
the  registered portion of the property, shall be noted as a memorial on
the certificate of title to which it relates, and thereafter the land or
any interest therein shall be transferred or encumbered by reference  to
it;  in  the event that the old description is used, reference must also
be made to the new map.
§  382.  Notice of petition and of pendency of proceeding. At the time
when the petition for registration of  the  title  of  any  property  is
filed,  the  petitioner shall also cause to be filed a notice thereof in
the offices of the county clerk and of  the  registrar  of  each  county
where  the property is situated, which notice shall be made and filed in
the manner prescribed for a notice of pendency of a  civil  action,  and
shall  be  indexed  against  the  names  of the petitioner and all known