dliu1/legal-llama-raw-text huggingface dataset:
adverse parties or claimants except the owners of  abutting  properties,
and  shall  constitute notice of the pendency of the petition and of the
proceeding, and shall be governed in all respects by the same rules as a
notice of pendency of a civil action, except, that, if the  petition  be
dismissed,  or  the  proceeding  discontinued,  or in any way terminated
other  than  by  the  registration  of  the  title,  no  order  for  the
cancellation  of such notice shall be made by the court until it is duly
and fully proved to the  court  that  the  provisions  of  section  four
hundred  and  ten  of  this  chapter  have  been fully complied with and
performed.  The  notice  of  pendency  of  proceeding  filed  with   the
registrar,  as  provided  in  this  section  shall  also be noted on the
tickler certificate book as  a  petition  and  said  notice  shall  be
treated  as,  and  take  the place of the petition in all cases in which
this act requires the registrar to deal with the petition, and shall  be
given  a  petition  number,  beginning  with  number  one  for the first
petition filed and so on in numerical order, and also a  serial  number.
In  any place, however, where there is a block or lot system of indexing
in use, the said notice shall be indexed according to such system.
§  385.  Proceedings upon the petition; notice of hearing. Immediately
upon the filing of the petition and of the notice thereof as provided in
section three hundred eighty-two of this chapter, and upon receiving the
preliminary  report  of  the  official  examiner  of  title  as  to  the
sufficiency  of  parties, the registrar shall cause a notice, fixing the
time and place at which the petition will be heard, to be published in a
newspaper published in the county in which the  land  is  situated.  The
return  day  of  said notice shall not be less than twenty days nor more
than sixty days after the date of publication. The registrar shall also,
within seven days of the publication of  said  notice  in  a  newspaper,
cause  a copy of said notice to be sent by certified letter, demanding a
return personally signed receipt card, to every party to the  proceeding
whose address is known. The court may also cause other or further notice
of  the petition to be given. The court shall, so far as it considers it
possible, require proof of actual notice to all parties  who  appear  to
have  any  interest  in, or claim to, the land included in the petition.
Notice to such persons by mail shall be by certified letter, demanding a
return personally signed receipt card. The registrar  shall  also  cause
the  notice  of  such  proceeding  and  hearing  to  be posted, at least
fourteen days before the return day, in  a  conspicuous  place  on  each
parcel  of  land  affected  by  the  proceeding.  The certificate of the
registrar that he has served the notice as directed  by  the  court,  by
publishing  and  mailing,  and that the notice has been duly posted upon
the land, shall be filed in the case, with affidavits in support of  the
same,  on  or before the return day, and shall be proof of such service.
The necessary disbursements of the official examiner  of  title  in  the
course  of  his  work,  the expense of the publication, the mailing, the
disbursements for service of the notice, and the posting on the land  of
the  notices  shall  be  paid by the petitioner. Upon the return day the
hearing may be adjourned from time to time  by  the  court  on  its  own
motion  or  on  the  motion of the official examiner of title, or of any
party. Service of notice upon the people of the state of New York may be
made by mailing a copy of said notice securely inclosed  in  a  postpaid
wrapper  and  directed to the attorney general of the state of New York.
Where the people of the state of New York or  any  municipality  in  the
state is made a party to the proceeding or appears therein the registrar
shall  serve  upon  the  state or such municipality on its appearance in
such proceeding by  the  attorney  general  or  corporation  counsel  or
officer  discharging similar functions, a copy of the petition, abstract
of title and survey filed which abstract of title 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, as required by this  article.
Unless  the  court  otherwise  directs  no report shall be made upon the
petition, until the time specified in the notice of the hearing  on  the
petition,  and,  if any adverse claimant or objector appears, the report
shall not be confirmed until opportunity is given to contest the  rights
of  the  petitioner in such manner as shall be allowed by the court. The
court may refer to the  official  examiner  of  title  any  controverted
matter or question for hearing and report. Default shall be noted on the
failure to appear of any of those on whom the notice of hearing has been
served  and  upon  petition  to  the court a final order and judgment of
registration may be entered at once on the failure to appear and  object
of  all  persons  so  served.  The official examiner's report upon being
presented to the court shall be prima facie and presumptive evidence  of
the  facts  stated  therein,  and  all statements in the report shall be
taken and construed as statements of fact,  unless  they  are  expressly
declared  therein  to  be  conclusions or opinions. In no case shall the
court be bound by the report of an official examiner of  title  but  may
require  other  or  further  proof.  If  any  party  to  the  proceeding
controverts  any  statement contained in the official examiner's report,
the facts controverting such statement must be specifically pleaded  and
set forth and must be established affirmatively by the party pleading or
setting  forth the same. The trial of any issue raised shall be governed
by and shall proceed according to the laws of this state and  the  rules
of  the  court  in  so  far  as  the same are not expressly abrogated or
modified by this article.
§  386.  Form  of  notice to parties. The notice to be served upon the
parties  to  the  proceeding  required  by  section  three  hundred  and
eighty-five  shall be issued by the order of court and subscribed by the
registrar, and shall be in form substantially as follows:
REGISTRATION OF LAND TITLE.
Supreme Court ............ County.
In the matter of the petition of (here insert name, place of residence
with street number if any, and post-office  address  of  petitioner)  to
register  the  title  to certain lands described as follows (here insert
description of land).
To (here insert the names of all other parties to the proceeding).
To all whom it may concern:
Pursuant to the order of the Hon. ........ made herein,  take  notice,
that  at ........ in said county of ............. on the ........ day of
.........., nineteen hundred and ........., at ........ o'clock  in  the
forenoon  the  petition  above  mentioned  will  be heard and unless you
appear at said time and place and show cause why such petition shall not
be granted, your default will be noted and  a  decree  will  be  entered
according  to  the prayer of the petition and you will be forever barred
from contesting said petition or any decree entered thereon.
Witness Hon. .............., Justice of said  court,  this  ..........
day  of  ............,  in  the  year nineteen hundred and ............,
Registrar of the county of ..............
§  388.  Guardian  ad  litem. In any proceeding to register title, the
court may make an order appointing a disinterested attorney, other  than
the  official  examiner  of  title  by  whom  the title was examined and
reported and certified, to act  as  guardian  ad  litem  for  all  minor
persons  and  for  all  persons  under other disability appearing by the
petition or by the official examiner's report of title to have interests
adverse to those of the petitioner.  The petition for the appointment of
said guardian ad litem may be made by the petitioner  ex  parte  at  any
time  during  the pendency of the proceeding. The guardian ad litem thus
appointed upon the application of the petitioner  may  be  the  attorney
general  of  the  state of New York, unless it appears to the court that
the state of New York has or claims some interest adverse to that of the
person or persons for whom the attorney general would thus be  appointed
guardian  ad  litem.  The  question  as to the existence of such adverse
claim or interest shall be for the court; and an  order  appointing  the
attorney  general  as  such  guardian ad litem shall be sufficient proof
that no such adverse claim or interest exists. Such an  order  shall  be
conclusive  as  a  matter  of law after thirty days from the time when a
certified copy of the final order or judgment  of  registration  in  the
proceeding  is  filed  in  the  office of the registrar of the county in
which the property is situated. It shall be the duty of such guardian ad
litem actively to ascertain and protect as is reasonably  possible,  the
interest  of  all  minor parties to the proceeding and all other parties
under disability. The compensation of such guardian shall be one hundred
dollars, unless the court directs otherwise; but  the  attorney  general
shall not receive any compensation for acting as such guardian ad litem.
No  issue  requiring a trial shall be raised by the answer of a guardian
ad litem of any minor party or party under other  disability  unless  it
shall  affirmatively  appear  by  the  official  examiner's report or by
answer of the guardian ad litem that such minor  party  or  party  under
other disability has an interest adverse to the title or interest sought
to be registered.
§  389.  Any  person  interested  may  appear  and  defend. Any person
interested in the property, or whose interests may be  affected  by  the
final  order  or  judgment  of  registration  in the proceeding, whether
specifically named in the notice or not, may  enter  his  appearance  by
serving  a  copy of the same on the registrar of the county in which the
property is located and with the clerk of  the  supreme  court  in  such
county,  and  filing the original thereof together with proof of service
with the county clerk on or before the return day or within such further
time as may be allowed by the court; and may enter  his  objections,  if
any,  by  likewise  serving  a  copy of the same on the registrar of the
county in which the property is  located  and  with  the  clerk  of  the
supreme  court  in such county, and filing the original thereof together
with proof of service with the county clerk on or before the return  day
or  within  such  further  time  as may be allowed by the court; and may
oppose the petition for registration of the property as belonging to the
petitioner, or set up a cross-demand to have the title registered in his
own behalf. In any case, he shall state particularly what  his  interest
is and shall specifically state all objections to the petition.
§  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.
§  391.  Final  orders  conclusive;  to  be  entered and docketed as a
judgment. No final order or judgment  of  registration  shall  be  made,
unless   the  court  is  satisfied  that  the  title  to  be  registered
accordingly is free from reasonable doubt. The final order entered  upon
an application for registration is deemed to be a final judgment and may
be  entered  and docketed and enforced as a final judgment in an action.
Before the final order can be docketed,  an  enrollment  must  be  filed
thereupon  as  the  judgment  roll  in an action, as provided in section
three hundred and ninety-three of this chapter.  The  judgment  and  any
order  made  and entered in a proceeding under this act shall, except as
herein otherwise provided, be forever binding and  conclusive  upon  the
state  of  New  York and all persons in the world, whether mentioned and
served with the said notice specifically by name,  or  included  in  the
description,  all  other  persons, if any, having any right or interest
in, or liens upon, the property affected by this proceeding, or any part
thereof. It shall not be an exception to such conclusiveness  that  any
such  person is an infant, mentally ill or is under any other disability
or is not yet in being.
§  392.  Fraud;  action to set aside or appeal from the final order or
judgment  of  registration  or  to  recover  the  property.  Any   title
registration  procured by or as the result of fraud may be set aside, in
the same manner and by the same proceedings as in the  case  of  a  deed
obtained  by fraud, provided that such proceedings for setting aside the
registration shall not injuriously affect  the  rights  of  an  innocent
purchaser  or  incumbrancer of the property after such registration, for
value and without actual notice of the fraud, and provided further  that
the  action  or  other  proceeding  to  set  aside  such registration be
commenced within ten years  from  the  time  when  the  final  order  or
judgment  of registration was filed in the office of the county clerk of
the county in which the property is located. No action or proceeding  or
appeal shall lie or be commenced, except on the ground of fraud as above
stated,  to  set  aside  or  appeal  from any final order or judgment of
registration or to modify or affect the same  or  for  the  recovery  of
registered property or any estate, right or interest in or lien upon the
same or any part thereof, or to make any entry thereon, adversely to the
title  or  interest  registered therein, as directed by a final order or
judgment of registration of the court, unless such action or  proceeding
or  appeal  is  commenced  or taken within thirty days after a certified
copy of such final order or judgment of registration  is  filed  in  the
office of the registrar of the county in which the property is located.
§  393.  Registration  of  title.  Upon  entering  the final order and
judgment of registration, an enrollment thereof as a judgment roll in an
action must  be  prepared,  and  filed  in  the  office  of  the  clerk,
consisting  of  the  petition,  the  notice  with  proof of service, the
official examiner's report, all orders and all other papers  necessarily
affecting  the final order of registration.  The clerk upon payment of a
fee of ten dollars shall cause a copy of said judgment  of  registration
to  be  certified  and  transferred  to the registrar of his county, who
shall forthwith file the same in his office.
§  394.  Certificate  of  title. The registrar shall make, in the form
prescribed by section four hundred and thirty-five of this  chapter,  an
original  certificate  of  title  of  every  title,  right  or  interest
registered by him pursuant to this article. Said certificate shall  bear
the  date  of  its  issue  (the day and year), and be under the hand and
official seal of the registrar, and be numbered  in  the  order  of  its
issue.  If  the owner is a minor, it shall state his age; if he is under
any other disability, it shall state the nature of such disability.  The
registrar  shall  make proper memorials or notations on the certificate,
showing in such manner as to set forth and  preserve  their  priorities,
the  particulars  of  all  the  estates,  mortgages,  trusts,  liens and
charges, to which such owner's title is subject.  No  such  memorial  or
notation  shall  be  more than one folio (one hundred words), in length;
but it may refer to covenants, restrictions, trusts and  forms  recorded
in  the book of covenants, restrictions, trusts and forms provided for
by this article. The form of the first  certificate  of  title,  as  set
forth  in section four hundred and thirty-five of this article, shall be
subject to such changes as may be required in any case.  All  subsequent
certificates  shall  be  in like form, except that in place of the words
first certificate, et cetera, shall be the words transfer from number
......... (the number of the next previous certificate); also the words
first registered .......... (date of first registration).  On the back
or reverse side of every certificate shall be printed, in plain  legible
type, the whole of section four hundred of this chapter.
§  395.  Title  book.  The  registrar shall keep a book or books to be
known respectively as the title book, wherein he shall enter all first
and subsequent original certificates of title by binding or  recording
them  therein,  with  appropriate  blanks for the entry of memorials and
notations prescribed by this article. Said book shall be  of  about  the
size of the conveyance libers, now used in county clerks' and registers'
offices. Each certificate shall constitute a separate leaf of such book.
About two inches of each leaf on the binding edge shall be kept blank on
both sides, to facilitate rebinding. At such times as may be proper, the
registrar  may  rebind  the  certificates in new volumes or title books,
containing respectively  cancelled  and  uncancelled  certificates.  All
memorials and notations, that may be entered in the title book under the
terms  of  this article, shall be entered upon the leaf constituting the
last certificate of title of the property to which they relate.  In  the
county  of  Suffolk,  if a microfilm system for retrieval and display of
the title certificates is used, libers may be stored in a  location  not
accessible  to  the  public. Whenever the term certificate of title is
used in this article it shall be deemed as including  all  memorials  or
notations thereupon noted.
§  396.  Duplicate certificate of title. The registrar shall, upon the
request by the owner in writing, make out an  exact  duplicate  thereof,
with  the  memorials  and  notations  thereon  noted,  which will be the
owner's proof of ownership for the property, and forward the same to the
owner.    This  duplicate  shall  be  known  as  the  owner's  duplicate
certificate of title, and shall be plainly stamped across its face. Only
one  owner's duplicate certificate of title shall be issued. Replacement
of such document shall be made in the manner  prescribed  under  section
four  hundred  fourteen  of  this  chapter.  Said  request  for  owner's
duplicate certificate of title shall be in the form annexed  hereto.  At
the time of filing, two copies of the deed shall be submitted, a copy of
the  deed  shall be conformed and returned to the party indicated in the
return address box.
The  undersigned,  one  of  the  Registered  owners  of  the  property
described  in  Certificate number ........ does request the issuance and
delivery of said Owner's Duplicate Certificate of Title to himher:
Name:
Signature:
§  398. Certificate to include dealings pending registration. In every
case of initial registration, the certificate of title shall include all
dealings with the real property, and all statutory or other liens  filed
against  the  same,  subsequent to the filing of the application, except
when they are modified or set aside by a judgment, decree  or  order  of
the  court.  On and after the filing with the registrar of the notice of
application for the registration of any real  property,  and  until  the
same  is  registered,  or  the  application  is  denied,  dismissed,  or
discontinued, all papers which are required or permitted by this article
to be filed against  registered  property,  except  the  papers  in  the
action,  shall  be  filed  with  the  registrar  as if the property were
§ 399. Certificate of title as evidence. The certificate of title, and
any copy thereof duly certified under the hand and seal of the registrar
and  the owner's duplicate certificate, until the expiration of the time
herein limited to bring an action or proceeding to set aside  the  final
order  or  judgment of registration shall be received as evidence in all
the courts of the state, and in all courts and  places  shall  be  prima
facie  evidence  that  the  provisions of law up to the time of issue of
such certificate or duplicate, or of the  time  of  entry  of  the  last
memorial  thereon, have been complied with, and that such certificate of
title has been  issued  in  compliance  with  a  valid  final  order  or
judgment,  and  that the title to the property is as therein stated; and
after the expiration of such time limited for bringing said  proceedings
to  set aside said final order or judgment, such certificate or copy, up
to the time of its issue, shall be so received as evidence in all courts
of the state, and shall be conclusive evidence of the same facts.  Every
memorial  or notation or cancellation thereof made on any certificate or
duplicate or copy thereof shall be signed by the registrar or his deputy