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.
Last modified: February 3, 2019