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HF 46

as introduced - 90th Legislature (2017 - 2018) Posted on 01/17/2017 10:53am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to real property; making miscellaneous changes to the filing of certificates
of value, recording, registration, and other provisions affecting real estate; amending
Minnesota Statutes 2016, sections 272.115, subdivision 1, by adding a subdivision;
507.0943; 508.06; 508.25; 508.29; 508.421, subdivision 1a; 508.47, subdivision
7; 508.671; 508.71, subdivision 3; 508.81; 508.82, subdivision 1; 508A.06;
508A.25; 508A.29; 508A.421, subdivision 1a; 508A.47, subdivision 7; 508A.71,
subdivision 3; 508A.82, subdivision 1; 559.23.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 272.115, subdivision 1, is amended to read:


Subdivision 1.

Requirement.

Except as otherwise provided in subdivision 5 deleted text begin ordeleted text end new text begin ,new text end 6,new text begin or 7,new text end
whenever any real estate is sold for a consideration in excess of $1,000, whether by warranty
deed, quitclaim deed, contract for deed or any other method of sale, the grantor, grantee or
the legal agent of either shall file a certificate of value with the county auditor in the county
in which the property is located when the deed or other document is presented for recording.
Contract for deeds are subject to recording under section 507.235, subdivision 1. Value
shall, in the case of any deed not a gift, be the amount of the full actual consideration thereof,
paid or to be paid, including the amount of any lien or liens assumed. The items and value
of personal property transferred with the real property must be listed and deducted from the
sale price. The certificate of value shall include the classification to which the property
belongs for the purpose of determining the fair market value of the property, and shall
include any proposed change in use of the property known to the person filing the certificate
that could change the classification of the property. The certificate shall include financing
terms and conditions of the sale which are necessary to determine the actual, present value
of the sale price for purposes of the sales ratio study. If the property is being acquired as
part of a like-kind exchange under section 1031 of the Internal Revenue Code of 1986, as
amended through December 31, 2006, that must be indicated on the certificate. The
commissioner of revenue shall promulgate administrative rules specifying the financing
terms and conditions which must be included on the certificate. The certificate of value
must include the Social Security number or the federal employer identification number of
the grantors and grantees. However, a married person who is not an owner of record and
who is signing a conveyance instrument along with the person's spouse solely to release
and convey their marital interest, if any, in the real property being conveyed is not a grantor
for the purpose of the preceding sentence. A statement in the deed that is substantially in
the following form is sufficient to allow the county auditor to accept a certificate for filing
without the Social Security number of the named spouse: "(Name) claims no ownership
interest in the real property being conveyed and is executing this instrument solely to release
and convey a marital interest, if any, in that real property." The identification numbers of
the grantors and grantees are private data on individuals or nonpublic data as defined in
section 13.02, subdivisions 9 and 12, but, notwithstanding that section, the private or
nonpublic data may be disclosed to the commissioner of revenue for purposes of tax
administration. The information required to be shown on the certificate of value is limited
to the information required as of the date of the acknowledgment on the deed or other
document to be recorded.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2016, section 272.115, is amended by adding a subdivision to
read:


new text begin Subd. 7. new text end

new text begin Deed in fulfillment of contract for deed. new text end

new text begin A certificate of real estate value is
not required when the transfer is made by a deed in fulfillment of a contract for deed when
the deed refers to a recorded contract for deed by document number or book and page.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2016, section 507.0943, is amended to read:


507.0943 VALIDITY AND TIME OF RECORDING OF ELECTRONIC
DOCUMENTS.

(a) If a law requires, as a condition for recording, that a document be an original, on
paper or another tangible medium, or in writing, the requirement is satisfied by an electronic
document satisfying sections 507.0941 to 507.0948. If a law requires or refers to something
related to tangible media including, without limitation, book, certificate, floor plan, page,
volume, or words derived from them, the requirement or reference is satisfied by an electronic
document satisfying sections 507.0941 to 507.0948.

(b) If a law requires, as a condition for recording, that a document deleted text begin be signeddeleted text end new text begin contain
original signatures
new text end , the requirement is satisfied by an electronic signature.

(c) A requirement that a document or a signature associated with a document be attested,
acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature
of the person authorized to perform that act, and all other information required to be included,
is attached to or logically associated with the document or signature. A physical or electronic
image of a stamp, impression, or seal need not accompany an electronic signature.

(d) Notwithstanding the time of its delivery, an electronic documentnew text begin that is delivered to
a recorder's office in recordable form
new text end is recorded for purposes of this chapter at the earlier
of (i) the time the electronic document is accepted for recording or (ii) the next close of the
recorder's office hours following the time of delivery.

(e) Notwithstanding the time of its delivery, an electronic document is registered as to
a parcel of registered land for purposes of chapters 508 and 508A when the electronic
document is memorialized or otherwise noted on the certificate of title for the parcel.

(f) A law that authorizes or requires any act to be performed with respect to any document
affecting real property that is to be filed in the office of the recorder or registrar shall be
deemed satisfied if the act is performed electronically in accordance with the standards
established by the Electronic Real Estate Recording Commission. By way of illustration,
the acts referred to in this section include, without limitation, the following words as well
as words derived from them: affix, apply, attest, bind, certify, conform, contain, copy,
deliver, draw, duplicate, endorse, enter, file, form, hold, issue, leave, make, mark, mount,
note, open, present, print, proffer, receive, recite, record, refer, register, seal, send, sign,
stamp, state, store, subscribe, witness, and write.

Sec. 4.

Minnesota Statutes 2016, section 508.06, is amended to read:


508.06 CONTENTS OF APPLICATION; RIGHTS AND PRIVILEGES OF
CLAIMANTS.

The application shall set forth substantially:

(1) the full name and address of the applicant; if the application is made by any person
acting in behalf of another, the application shall likewise state the full name and address of
the person so acting, and the capacity in which that person acts; if the applicant is not an
individual, the application shall include the full legal name and type of entity, the state of
organization, and the address of its principal place of business;

(2) whether the applicant is or is not married and, if married, the full name and address
of the spouse; whether the applicant is or is not 18 years of age or older; whether or not the
applicant is under any legal incapacity, and if so, the nature of the incapacity; and whether
the applicant has ever been divorced and, if so, when, where, and by what court the divorce
was granted;

(3) a correct description of the landdeleted text begin , together with the estimated market value of the fee
simple interest therein, exclusive of improvements, according to the last official assessment
deleted text end ;
the description of an appurtenant easement shall be accompanied by a description of the
fee simple estate to which it is appurtenant;

(4) the estate or interest of the applicant in the land, and whether or not it is subject to
an estate of homestead;

(5) Whether the land is occupied or unoccupied; if occupied by any other person than
the applicant, it shall state the full name and address of each occupant and the nature of the
estate, interest, lien, or charge which the occupant or occupants have, or claim to have, in
the land;

(6) a description of each lien or interest, recorded or unrecorded, which the applicant
recognizes as encumbering the land, including the nature of the lien or interest, any
information about its recording, and the name of the interested party;

(7) a description of each lien or interest, recorded or unrecorded, for which the applicant
seeks a determination terminating or modifying the interest, together with the reason for
the relief requested, and including the nature of the lien or interest, any information about
its recording, and the name of the interested party;

(8) a description of any other defects in the applicant's title and a reason for curing the
defects;

(9) if the application is on behalf of a minor, it shall state the age of the minor and that
a duly certified copy of the letters of guardianship has been recorded with the county recorder
in the county in which the land is situated;

(10) when a required address is unknown to the applicant after due and diligent search,
it may be so stated;

(11) if it is desired to fix and establish the boundary lines of the land, the full names and
addresses of all owners of adjoining lands which are in any manner affected by it shall be
fully stated.

Any person having or claiming any right, title, interest, or estate in land, or any lien or
charge upon or against it, may assent in writing to its registration. The person assenting
need not be named as a defendant in the registration proceeding or, if already named as a
defendant in it, need not be served with the summons in it. The assent shall be executed and
acknowledged in the manner required by law for the execution and acknowledgment of a
deed and filed with the court administrator.

Sec. 5.

Minnesota Statutes 2016, section 508.25, is amended to read:


508.25 RIGHTS OF PERSON HOLDING CERTIFICATE OF TITLE.

Every person receiving a certificate of title pursuant to a decree of registration and every
subsequent purchaser of registered land who receives a certificate of title in good faith and
for a valuable consideration shall hold it free from all encumbrances and adverse claims,
excepting only the estates, mortgages, liens, charges, and interests as may be noted in the
last certificate of title in the office of the registrar, and also excepting any of the following
rights or encumbrances subsisting against it, if any:

(1) liens, claims, or rights arising or existing under the laws or the Constitution of the
United States, which this state cannot require to appear of record;

(2) the lien of any real property tax or special assessment;

(3) any lease for a period not exceeding three years when there is actual occupation of
the premises thereunder;

(4) all rights in public highways upon the land;

(5) the right of appeal, or right to appear and contest the application, new text begin petition, or other
proceeding affecting the title,
new text end as is allowed by this chapter;

(6) the rights of any person in possession under deed or contract for deed from the owner
of the certificate of title; and

(7) any outstanding mechanics lien rights which may exist under sections 514.01 to
514.17.

No existing or future lien for state taxes arising under the laws of this state for the
nonpayment of any amounts due under chapter 268 or any tax administered by the
commissioner of revenue may encumber title to lands registered under this chapter unless
filed under the terms of this chapter.

Sec. 6.

Minnesota Statutes 2016, section 508.29, is amended to read:


508.29 APPEALS.

An appeal may be taken to the Court of Appeals from any order or judgment of the
district court under this chapter as follows:

(1) from any final decree, within 90 days from its date except that the appeal period for
those parties who were not personally served shall be six months from the date of the final
decree; upon appeal from the decree, the Court of Appeals may review any intermediate
order involving the merits or necessarily affecting the decree;

(2) from any order granting or denying an application to open, vacate, or set aside the
decree, within 30 days from the date of the filing of the order;

(3) from any order granting or refusing a new trial, or from any order involving the
merits of the proceeding, or some part of them, within 30 days from the filing of the order;

(4) from any order relating to registered land after its original registration, within deleted text begin 90deleted text end new text begin 60new text end
days deleted text begin afterdeleted text end new text begin fromnew text end the deleted text begin entrydeleted text end new text begin filingnew text end of the order.

All appeals from any order or decree in any proceeding under this chapter shall be as in
other civil cases.

Sec. 7.

Minnesota Statutes 2016, section 508.421, subdivision 1a, is amended to read:


Subd. 1a.

Reissuance.

The ownernew text begin or agent of the ownernew text end of registered land may request
the registrar of titles to issue a new certificate of title free from the memorials of all interests
which have terminated.

Sec. 8.

Minnesota Statutes 2016, section 508.47, subdivision 7, is amended to read:


Subd. 7.

Transfers of lot, block parts.

The provisions of this section shall also be
applied to the transfer of parts of lots, outlots and unlotted blocks, when the language
necessary to describe the parts deleted text begin indeleted text end new text begin isnew text end other than by simple fractional or quantity parts thereof.

Sec. 9.

Minnesota Statutes 2016, section 508.671, is amended to read:


508.671 DETERMINATION OF BOUNDARIES.

Subdivision 1.

Petition.

An owner of registered land deleted text begin having one or more common
boundaries with registered or unregistered land or an owner of unregistered land having
one or more common boundaries with registered land
deleted text end may apply by a duly verified petition
to the court to have all or some of the deleted text begin commondeleted text end boundary lines judicially determined.new text begin An
owner of unregistered land may apply by a duly verified petition to the court to have all or
some of the boundary lines of the unregistered parcel judicially determined under this
section, provided the relief requested affects one or more adjoining parcels of registered
land.
new text end The petition shall contain the full names and post office addresses of all owners of
adjoining lands which are in any manner affected by the boundary determination. At the
time of the filing of the petition with the court administrator, a copy of it, duly certified by
the court administrator, shall be filed for record with the county recorder. If any of the
adjoining lands are registered, the certified copy of the petition also shall be filed with the
registrar of titles and entered as a memorial on the certificate of title for those lands. When
recorded or filed, the certified copy of the petition shall be notice forever to purchasers and
encumbrancers of the pendency of the proceeding and of all matters referred to in the court
files and records pertaining to the proceeding. The owner shall have the premises surveyed
by a licensed land surveyor and shall file in the proceedings a plat of the survey showing
the correct location of the boundary line or lines to be determined. There also shall be filed
with the court administrator a memorandum abstract, satisfactory to the examiner, showing
the record owners and encumbrancers of the adjoining lands which are in any manner
affected by the boundary line determination. The petition shall be referred to the examiner
of titles for examination and report in the manner provided for the reference of initial
applications for registration. Notice of the proceeding shall be given to all interested persons
by the service of a summons which shall be issued in the form and served in the manner as
in initial applications.

Subd. 2.

Order.

Before the issuance of any final order determining the location of the
owner's boundary lines, the court shall fix and establish the boundaries and direct the
establishment of judicial landmarks in the manner provided by section 559.25. The final
order shall make reference to the boundary lines that have been determined and to the
location of the judicial landmarks that mark the boundary lines. A certified copy of the final
order shall be filed by the court administrator with the registrar of titlesdeleted text begin . If any of the
adjoining lands are registered, the final order also shall be filed upon the certificates of title
for these lands and it shall direct the registrar of titles to show by memorial
deleted text end new text begin and county
recorder, if applicable, and entered as a memorial on all affected certificates of title. The
memorial shall state
new text end which of the boundary lines deleted text begin of the adjoining lands have beendeleted text end new text begin werenew text end
determined in the district court case. Upon the filing of the final order, the registrar shall
omit from future certificates the memorial of the petition for registration of the boundary
lines.new text begin The county recorder shall enter the certified copy of the final order in the tract index
for the affected abstract land. Recording fees under this section shall be paid by the petitioner
or prevailing party.
new text end

Subd. 3.

Plat of survey to be filed.

The court administrator deleted text begin alsodeleted text end shall file with the
registrar of titlesnew text begin and the county recorder, if boundaries on unregistered land are affected,new text end
a certified copy of the plat of the survey which contains a certification by a licensed land
surveyor that the boundaries as registered have been marked by judicial landmarks set
pursuant to the order of the court. The registrar of titles shall enter the certified copy of the
plat of the survey as a memorial upon the certificate of title.new text begin The county recorder shall enter
the certified copy of the plat of survey in the tract index for the affected unregistered lands.
new text end

Sec. 10.

Minnesota Statutes 2016, section 508.71, subdivision 3, is amended to read:


Subd. 3.

Directive by examiner.

At the request of a registered owner or other person
in interest, the examiner of titles by a written directive may order (1) the amendment or
cancellation of a memorial relating to racial restrictions, rights which are barred by a statute
or rights which have expired by the terms of the instrument creating the rights, deleted text begin ordeleted text end (2) upon
the submission of evidence satisfactory to the examiner, the correction of the name or
designation of a party who is a registered owner or who has an interest registered on a
certificate of titlenew text begin , or (3) the deletion of easements or other nonfee interests which are
terminated by their own terms or by written instrument satisfactory to the examiner
new text end . The
registrar of titles may register the directives of the examiner of titles upon the certificates
of title, and shall give full faith to the directives.

Sec. 11.

Minnesota Statutes 2016, section 508.81, is amended to read:


508.81 COURT ADMINISTRATOR'S FEES; deleted text begin NOTICESdeleted text end new text begin PUBLICATION AND
SERVICE COSTS
new text end .

deleted text begin In counties having a population of less than 600,000 and containing a city of the first
class, on the filing of any application for registration, the applicant shall pay the court
administrator the sum of $3, which shall be in full of all court administrator's fees and
charges in such proceedings on the applicant's behalf. Any defendant on entering an
appearance shall pay a like sum, which shall be in full of all court administrator's fees on
the defendant's behalf. When any number of defendants enter their appearance jointly but
one fee shall be paid. Every publication in a newspaper required by this law shall be paid
for by the party on whose application the publication is made. The party at whose request
any notice is issued shall pay for the service of the same, except when sent by mail by the
court administrator or by the registrar. In all other counties the fees of the court administrator
of the district court for services performed in connection with duties in proceedings for the
registration of a land title shall be governed by the provisions of section 357.021.
deleted text end new text begin The fees
of the court administrator of the district court for services performed in connection with
duties in proceedings under this chapter and chapter 508A shall be governed by the provisions
of section 357.021. Service of process, including publication, is at the expense of the applicant
or requesting party. If the court administrator is required by statute or court order to mail a
copy of the summons or order to show cause to any person, the applicant or requesting party
shall furnish the court administrator with an addressed envelope with postage prepaid for
each person.
new text end

Sec. 12.

Minnesota Statutes 2016, section 508.82, subdivision 1, is amended to read:


Subdivision 1.

Standard documents.

The fees to be charged by the registrar of titles
shall be and not exceed the following:

(1) of the fees provided herein, $1.50 of the fees collected under clauses (2), (3), (4),
(11), (13), (15), (17), and (18) for filing or memorializing shall be paid to the state treasury
pursuant to section 508.75 and credited to the general fund;

(2) for registering a first certificate of title, including issuing a copy of it, $46. Pursuant
to clause (1), distribution of this fee is as follows:

(i) $10.50 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, subdivision
4
; and

(iii) $25.50 shall be deposited in the county general fund;

(3) for registering each instrument transferring the fee simple title for which a new
certificate of title is issued and for the registration of the new certificate of title, including
a copy of it, $46. Pursuant to clause (1), distribution of this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, subdivision
4
; and

(iii) $24 shall be deposited in the county general fund;

(4) for the entry of each memorial on a certificate, $46. For multiple certificate entries,
$20 thereafter. Pursuant to clause (1), distribution of this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, subdivision
4
;

(iii) $24 shall be deposited in the county general fund; and

(iv) $20 shall be deposited in the county general fund for each multiple entry used;

(5) for issuing each residue certificate and each additional new certificate, $40;

(6) for exchange certificates, $20 for each certificate canceled and $20 for each new
certificate issued;

(7) for deleted text begin each certificate showing condition of the register, $50deleted text end new text begin any certified copy of a
certificate of title that states the date it is verified through, $10
new text end ;

(8) for any certified copy of any instrument or writing on file or recorded in the registrar
of titles' office, $10;

(9) for a noncertified copy of any certificate of title, other than the copies issued under
clauses (2) and (3), any instrument or writing on file or recorded in the office of the registrar
of titles, or any specified page or part of it, an amount as determined by the county board
for each page or fraction of a page specified. If computer or microfilm printers are used to
reproduce the instrument or writing, a like amount per image;

(10) for a noncertified copy of any document submitted for recording, if the original
document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy or
duplicate original and payment of the fee, a registrar of titles shall return it marked "copy"
or "duplicate," showing the recording date and, if available, the document number assigned
to the original;

(11) for filing two copies of any plat, other than a CIC plat complying with section
515B.2-110, paragraph (c), in the office of the registrar, $56. Pursuant to clause (1),
distribution of this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, subdivision
4
; and

(iii) $34 shall be deposited in the county general fund;

(12) for any other service under this chapter, such fee as the court shall determine;

(13) for filing any document affecting two or more units in a condominium governed
by chapter 515, $46 for the first certificate upon which the document is registered, and for
multiple certificate entries, $20 for each additional certificate upon which the document is
registered. For purposes of this paragraph, an amendment to the declaration of a condominium
governed by chapter 515 and a related amendment to the condominium floor plans shall be
considered a single document, and the filing fee shall be $56 for the first certificate upon
which the document is registered, and for multiple certificate entries, $20 for each additional
certificate upon which the document is registered. Pursuant to clause (1), distribution of
this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, subdivision
4
;

(iii) $24 shall be deposited in the county general fund for amendment to a declaration;

(iv) $20 shall be deposited in the county general fund for each multiple entry used; and

(v) $34 shall be deposited in the county general fund for an amended floor plan;

(14) for issuance of a CICCT pursuant to section 508.351, $40;

(15) for filing a common interest community declaration and a CIC plat complying with
section 515B.2-110, paragraph (c); an amendment to a common interest community
declaration and a related amendment to a CIC plat complying with section 515B.2-110,
paragraph (c); or a supplemental declaration and a related supplemental CIC plat complying
with section 515B.2-110, paragraph (c), each of which related documents shall be considered
a single document, the filing fee shall be $56 for the first certificate upon which the document
is registered, and for multiple certificate entries, $20 for each additional certificate upon
which the document is registered. For filing any other document affecting two or more units
in a common interest community, the filing fee shall be $46 for the first certificate upon
which the document is registered, and for multiple certificate entries, $20 for each additional
certificate upon which the document is registered. The same fees shall apply to filing any
document affecting two or more units or other parcels subject to a master declaration.
Pursuant to clause (1), distribution of this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, subdivision
4
;

(iii) $24 shall be deposited in the county general fund for the filing of an amendment
complying with section 515B.2-110, subsection (c);

(iv) $20 shall be deposited in the county general fund for each multiple entry used; and

(v) $34 shall be deposited in the county general fund for the filing of a condominium or
CIC plat or amendment;

(16) for a copy of a condominium floor plan filed in accordance with chapter 515, or a
copy of a common interest community plat complying with section 515B.2-110, subsection
(c)
, the fee shall be $1 for each page of the floor plan or common interest community plat
with a minimum fee of $10;

(17) for the filing of a certified copy of a plat of the survey pursuant to section 508.23
or 508.671, $46. Pursuant to clause (1), distribution of this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, subdivision
4
; and

(iii) $24 shall be deposited in the county general fund;

(18) for filing a registered land survey in triplicate in accordance with section 508.47,
subdivision 4
, $56. Pursuant to clause (1), distribution of this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, subdivision
4
; and

(iii) $34 shall be deposited in the county general fund; and

(19) for furnishing a certified copy of a registered land survey in accordance with section
508.47, subdivision 4, $15.

Sec. 13.

Minnesota Statutes 2016, section 508A.06, is amended to read:


508A.06 CONTENTS OF APPLICATION; CLAIMANTS' RIGHTS, PRIVILEGES.

The application shall set forth substantially:

(1) the full name and address of the applicant; if the application is made by any person
acting in behalf of another, the application shall likewise state the full name and address of
the person so acting, and the capacity in which the person acts; if the applicant is not an
individual, the application shall include the full legal name and type of entity, the state of
organization, and the address of its principal place of business;

(2) whether the applicant is or is not married and if married, the full name and address
of the spouse; whether the applicant is or is not 18 years of age or older; whether or not the
applicant is under any legal incapacity, and if so the nature of the incapacity; and whether
the applicant has ever been divorced and if so, when, where, and by what court the divorce
was granted;

(3) a correct description of the landdeleted text begin , together with the estimated market value of the fee
simple interest in it, exclusive of improvements, according to the last official assessment
deleted text end ;

(4) the estate or interest of the applicant in the land, and whether or not it is subject to
an estate of homestead;

(5) the names of all persons or parties, except the applicant, who appear of record, or
who are known to the applicant to have or to claim any right, title, estate, lien, or interest
in the land and the nature and character of it;

(6) whether the land is occupied or unoccupied; if occupied by any other person than
the applicant, it shall state the full name and address of each occupant and the nature of the
estate, interest, lien, or charge which the occupant or occupants have, or claim to have, in
the land;

(7) whether the land is subject to any lien or encumbrance, recorded or unrecorded,
together with the character and amount of the same, and the name and post office address
of each holder thereof; if recorded, it shall state the place, book, and page of record;

(8) if the application is on behalf of a minor, it shall state the age of the minor and that
a duly certified copy of the letters of guardianship has been recorded with the county recorder
in the county in which the land is situated;

(9) when a required address is unknown to the applicant after due and diligent search,
it shall be so stated;

(10) the facts supporting applicant's claim to a possessory estate in land as defined in
section 508A.01, subdivision 3.

Sec. 14.

Minnesota Statutes 2016, section 508A.25, is amended to read:


508A.25 RIGHTS OF PERSON HOLDING CPT.

Every person holding a CPT issued pursuant to sections 508A.01 to 508A.85 who has
acquired title in good faith and for a valuable consideration shall hold the same free from
all encumbrances and adverse claims, excepting only estates, mortgages, liens, charges, and
interests as may be noted by separate memorials in the latest CPT in the office of the registrar,
and also excepting any of the following rights or encumbrances subsisting against the same,
if any:

(1) liens, claims, or rights arising or existing under the laws or the Constitution of the
United States, which this state cannot require to appear of record;

(2) the lien of any real property tax or special assessment;

(3) any lease for a period not exceeding three years when there is actual occupation of
the premises under it;

(4) all rights in public highways upon the land;

(5) the rights of any person in possession under deed or contract for deed from the owner
of the CPT;

(6) any claims that may be made pursuant to section 508A.17 within five years from the
date of the first CPT; deleted text begin and
deleted text end

new text begin (7) the right of appeal, or right to appear and contest the petition, or other proceeding
affecting the title, as is allowed by this chapter or chapter 508; and
new text end

deleted text begin (7)deleted text end new text begin (8)new text end any outstanding mechanics lien rights which may exist under sections 514.01 to
514.17.

No existing or future lien for state taxes arising under the laws of this state for the
nonpayment of any amounts due under chapter 268 or any tax administered by the
commissioner of revenue may encumber title to lands registered under this chapter unless
filed under the terms of this chapter.

Sec. 15.

Minnesota Statutes 2016, section 508A.29, is amended to read:


508A.29 APPEALS.

An appeal may be taken to the Court of Appeals from any order of the district court
relating to land registered under sections 508A.01 to 508A.85 within deleted text begin 90deleted text end new text begin 60new text end days deleted text begin afterdeleted text end new text begin fromnew text end
the deleted text begin entrydeleted text end new text begin filingnew text end of the order. The appeal shall be as in other civil cases.

Sec. 16.

Minnesota Statutes 2016, section 508A.421, subdivision 1a, is amended to read:


Subd. 1a.

Reissuance.

The ownernew text begin or agent of the ownernew text end of registered land may request
the registrar of titles to issue a new CPT free from the memorials of all interests which have
terminated.

Sec. 17.

Minnesota Statutes 2016, section 508A.47, subdivision 7, is amended to read:


Subd. 7.

Applies to transfers of parts of lots.

The provisions of this section shall also
be applied to the transfer of parts of lots, outlotsnew text begin ,new text end and unlotted blocks, when the language
necessary to describe the parts deleted text begin indeleted text end new text begin isnew text end other than by simple fractional or quantity parts thereof.

Sec. 18.

Minnesota Statutes 2016, section 508A.71, subdivision 3, is amended to read:


Subd. 3.

deleted text begin Cancellation of memorialdeleted text end new text begin Directive by examinernew text end .

At the request of a registered
owner or other person in interest the examiner of titles by a written directive may order (1)
the amendment or cancellation of a memorial relating to racial restrictions, rights which are
barred by a statute or rights which have expired by the terms of the instrument creating the
rights, deleted text begin ordeleted text end (2) upon the submission of evidence satisfactory to the examiner, the correction
of the name or designation of a party who is a registered owner or who has an interest
registered on a certificate of titlenew text begin , or (3) the deletion of easements or other nonfee interests
that are terminated by their own terms or by a written instrument satisfactory to the examiner
new text end .
The registrar of titles shall register the directives of the examiner of titles upon the CPT,
and shall give full faith to the directives.

Sec. 19.

Minnesota Statutes 2016, section 508A.82, subdivision 1, is amended to read:


Subdivision 1.

Standard documents.

The fees to be charged by the registrar of titles
shall be and not exceed the following:

(1) of the fees provided herein, $1.50 of the fees collected under clauses (2), (3), (5),
(12), (14), (16), and (19) for filing or memorializing shall be paid to the state treasury
pursuant to section 508.75 and credited to the general fund;

(2) for registering a first CPT, including issuing a copy of it, $46. Pursuant to clause (1),
distribution of the fee is as follows:

(i) $10.50 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, subdivision
4; and

(iii) $25.50 shall be deposited in the county general fund;

(3) for registering each instrument transferring the fee simple title for which a new CPT
is issued and for the registration of the new CPT, including a copy of it, $46. Pursuant to
clause (1), distribution of the fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, subdivision
4; and

(iii) $24 shall be deposited in the county general fund;

(4) for issuance of a CICCT pursuant to section 508A.351, $40;

(5) for the entry of each memorial on a CPT, $46; for multiple certificate entries, $20
thereafter. Pursuant to clause (1), distribution of the fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, subdivision
4;

(iii) $24 shall be deposited in the county general fund; and

(iv) $20 shall be deposited in the county general fund for each multiple entry used;

(6) for issuing each residue CPT, $40;

(7) for exchange CPTs or combined certificates of title, $20 for each CPT and certificate
of title canceled and $20 for each new CPT or combined certificate of title issued;

(8) for deleted text begin each CPT showing condition of the register, $50deleted text end new text begin any certified copy of a CPT that
states the date it is verified through, $10
new text end ;

(9) for any certified copy of any instrument or writing on file or recorded in the registrar
of titles' office, $10;

(10) for a noncertified copy of any CPT, other than the copies issued under clauses (2)
and (3), any instrument or writing on file or recorded in the office of the registrar of titles,
or any specified page or part of it, an amount as determined by the county board for each
page or fraction of a page specified. If computer or microfilm printers are used to reproduce
the instrument or writing, a like amount per image;

(11) for a noncertified copy of any document submitted for recording, if the original
document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy or
duplicate original and payment of the fee, a registrar of titles shall return it marked "copy"
or "duplicate," showing the recording date and, if available, the document number assigned
to the original;

(12) for filing two copies of any plat in the office of the registrar, $56. Pursuant to clause
(1), distribution of the fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, subdivision
4; and

(iii) $34 shall be deposited in the county general fund;

(13) for any other service under sections 508A.01 to 508A.85, the fee the court shall
determine;

(14) for filing an amendment to a declaration in accordance with chapter 515, $46 for
each certificate upon which the document is registered and for multiple certificate entries,
$20 thereafter; $56 for an amended floor plan filed in accordance with chapter 515. Pursuant
to clause (1), distribution of the fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, subdivision
4;

(iii) $24 shall be deposited in the county general fund for amendment to a declaration;

(iv) $20 shall be deposited in the county general fund for each multiple entry used; and

(v) $34 shall be deposited in the county general fund for an amended floor plan;

(15) for issuance of a CICCT pursuant to section 508.351, $40;

(16) for filing an amendment to a common interest community declaration, including a
supplemental declaration, and plat or amendment complying with section 515B.2-110,
subsection (c)
, and issuing a CICCT if required, $46 for each certificate upon which the
document is registered and for multiple certificate entries, $20 thereafter; $56 for the filing
of the condominium or common interest community plat or amendment. See section
515B.1-116 for special requirement relating to a common interest community. Pursuant to
clause (1), distribution of the fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, subdivision
4;

(iii) $24 shall be deposited in the county general fund for the filing of an amendment
complying with section 515B.2-110, subsection (c);

(iv) $20 shall be deposited in the county general fund for each multiple entry used; and

(v) $34 shall be deposited in the county general fund for the filing of a condominium or
CIC plat or amendment;

(17) for a copy of a condominium floor plan filed in accordance with chapter 515, or a
copy of a common interest community plat complying with section 515B.2-110, subsection
(c)
, the fee shall be $1 for each page of the floor plan, or common interest community plat
with a minimum fee of $10;

(18) in counties in which the compensation of the examiner of titles is paid in the same
manner as the compensation of other county employees, for each parcel of land contained
in the application for a CPT, as the number of parcels is determined by the examiner, a fee
which is reasonable and which reflects the actual cost to the county, established by the board
of county commissioners of the county in which the land is located;

(19) for filing a registered land survey in triplicate in accordance with section 508A.47,
subdivision 4
, $56. Pursuant to clause (1), distribution of the fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18, subdivision
4; and

(iii) $34 shall be deposited in the county general fund; and

(20) for furnishing a certified copy of a registered land survey in accordance with section
508A.47, subdivision 4, $15.

Sec. 20.

Minnesota Statutes 2016, section 559.23, is amended to read:


559.23 ACTION TO DETERMINE BOUNDARY LINES.

An action may be brought by any person owning land or any interest therein against the
owner, or persons interested in adjoining land, to have the boundary lines established; and
when the boundary lines of two or more tracts depend upon any common point, line, or
landmark, an action may be brought by the owner or any person interested in any of such
tracts, against the owners or persons interested in the other tracts, to have all the boundary
lines established.new text begin If a boundary line is in common with registered land, the determination
of the boundary must be made pursuant to section 508.671.
new text end The court shall determine any
adverse claims in respect to any portion of the land involved which it may be necessary to
determine for a complete settlement of the boundary lines, and shall make such order
respecting costs and disbursements as it shall deem just. The decree of the court shall be
filed with the court administrator, and a certified copy thereof shall be recorded in the office
of the county recorder or in the office of registrar of titles or both, if necessary; provided
that such decree shall not be accepted for such recording or filing until it shall be presented
to the county auditor who shall enter the same in the transfer record and note upon the
instrument over the auditor's official signature the words "ENTERED IN THE TRANSFER
RECORD."