The land title registration law is found in Article 12, Sections 370 to 435, inclusive, of the Real Property Law. It may be summarized as follows: -

1. The person wishing to register the title to his property files an application in the form of a verified petition with the County Clerk of the county in which the property is situated. The application is made to the Supreme Court and a final order of the Court has the effect of a judgment, which operates directly on the land and vests title thereto. If any issue is raised it is tried in Court. Only persons who own the land in fee simple and who hold and possess it (or who have the power of appointment or disposition of the fee) may apply for registration, except that holders of a contract of purchase made with the owner of the fee, may apply, but registration is not made until there is a transfer of title under the contract. No estate or interest, less than an estate in fee simple may be registered unless the fee has first been registered.

2. County Clerks (or County Registers if there be a Register )are made Registrars of title. The Registrar is required to file a bond. He may appoint one or more deputies, and he receives compensation for his services. The Registrar also appoints "official examiners of title." These official examiners must be attorneys and counsellors-at-law, and appointments are made in accordance with rules as to qualifications prescribed by the Court of Appeals, and also in accordance with the State Civil Service rules.

3. The petition for registration of a title must contain:

(a) The names and addresses of the petitioners.

(b) Whether petitioners are married and if so the names and addresses of husband or wife of each. If divorced, particulars of the divorce must be given.

(c) Whether petitioners are of full age. If minors, age must be stated, and if otherwise disabled, particulars must be given, also authority of persons acting for such persons.

(d) The names of all persons having or claiming interests in or liens upon the property or any part of it; and whether such persons are infants or otherwise incapacitated, the owners as far as known or as far as can be reasonably ascertained of the surrounding property, the People of the State of New York, all persons who have filed cautions, such additional persons as the Court designates, and "all other persons, if any, having any right or interest in or lien upon the property affected by this action, or any part thereof."

(e) Description of the land, whether vacant or improved, nature of improvement, names of occupants and nature of occupancy (unless tenants for less than one year).

(f) A statement of the estate sought to be registered, the value of the property based on the last assessment for local taxation, particulars of all mortgages, and other incumbrances known to petitioners.

(g) A prayer that the title be registered as belonging to and vested in the petitioner, or as the facts may require at the time of such registration.

The Court upon the filing of the petition refers the matter to an official examiner. The Registrar is directed to give notice to the parties affected by the action. The official examiner files a preliminary report as to sufficiency of the parties named in the petition and what additional parties, if any, should be named. The official examiner then examines the title and makes a report which sets forth the exact state and condition of the title, the rights of the petitioners and the rights of all others having or claiming rights or interests in the property or liens thereon. The report contains a statement as to whether all persons have received notice of the application for registration, and as to whether any further notice should be given to any persons. The Court may, at the request of the petitioner, refer a title to a title company for examination, instead of to an official examiner.

The Registrar gives notice to all interested persons of a hearing to be held not less than 20 days or more than 60 days hence. These notices are sent by registered mail, demanding a return receipt, to those whose address is known. The notice is published in a newspaper and it is posted in a conspicuous place on the land. The Court may require further notice to be given and may require proof of actual notice to all adjoining owners and to all owners who appear to have any interest in or claims to the land to be registered. The Registrar certifies as to the service made, the publication and posting on the land. Any controverted matter may be referred to the official examiner.

A survey, map or plan must be made of the property and filed with the petition, or filed with the official examiner and included in his report. The survey must show encroachments, if any, and must be accompanied by affidavit of the surveyor. The abstract and searches of title are filed in the registrar's office and are open for inspection.

4. Any person interested in the property may appear and defend the action whether named in the proceeding or not. The answer must state all objections to the petition. The Attorney-General of the State is appointed guardian ad litem to represent incompetents, unless the State has an adverse claim, in which case another attorney is appointed.

The Court may find and decree in whom title or any right or interest is vested, may determine if the title is subject to liens, incumbrances, estates, rights, liens and interests, and may direct the Registrar to register the title subject to such liens, dtc. Taxes, water rates and assessments must be paid to date or registration is made subject to them. The result of the proceeding may remove clouds in the title, but there is nothing about it which will make a bad title a good and marketable one.

No final order or judgment of registration shall be made unless the Court is satisfied the title to be registered is free from reasonable doubt. The final order and judgment is forever binding and conclusive upon the State of New York, and all persons in the world whether mentioned and served with the notice or included in the description "all other persons," etc. There is no exception to the finality as to infants, lunatics, or persons under other disability or even as to persons not in being.