2023 New York Laws › RPP - Real Property › Article 12 - Registering Title to Real Property › 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.