New York § 390 - 390Title in lands vested; clouds thereon removed

§ 390. 390Title 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.