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SF 2638

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/04/2022 09:13am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to real property; making technical, clarifying, and conforming changes to
title provisions; amending Minnesota Statutes 2020, sections 508.08, subdivision
2; 508.11; 508.13; 508.671, subdivision 1; 508A.06; 508A.10; 508A.11,
subdivisions 2, 3; 508A.13, subdivision 1; 508A.22.

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

Section 1.

Minnesota Statutes 2020, section 508.08, subdivision 2, is amended to read:


Subd. 2.

deleted text beginAdjacent landdeleted text endnew text begin Separate tractsnew text end; common title defect.

new text beginTwo or more new text endowners
of separate tracts of land may join in one application to register the title to their individual
tractsnew text begin if the tracts share a common title defect requiring substantially the same evidence for
adjudication
new text end. The application must list separately all of the information required by section
508.06 for the owner or owners of each of the tracts included in the application.

Sec. 2.

Minnesota Statutes 2020, section 508.11, is amended to read:


508.11 COURT ADMINISTRATOR; FILING, RECORDING; CERTIFYING;
EFFECT.

new text begin Subdivision 1. new text end

new text begin Approval by examiner. new text end

new text begin Applications for initial registration shall be
approved as to form by the examiner prior to filing with the court administrator.
new text end

new text begin Subd. 2. new text end

new text begin Filing. new text end

The application new text beginfor initial registration new text endshall be filed with the court
administrator. deleted text beginAll final orders or decrees shall be recorded by the court administrator.deleted text end At
the time of the filing of the application with the court administrator, a copy thereof, duly
certified by the court administrator, shall be filed new text beginby the applicant new text endfor record with the county
recorder, and 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 applicant shall file with the court administrator, as soon after the filing of
the application as is practicable, an abstract of title deleted text begintodeleted text endnew text begin or other evidence of title fornew text end the land
described in the application, satisfactory to the examiner. If new text begina survey is new text endrequired deleted text beginso to dodeleted text end
by the examiner, the applicant shall deleted text beginlikewise cause the land to be surveyed by some competent
surveyor, and
deleted text end file new text begina survey, certified by a licensed surveyor, new text endwith the court administrator deleted text begina
plat of the land duly certified by such surveyor
deleted text end.new text begin At the time of the filing of a final order or
decree with the court administrator, a copy thereof, duly certified by the court administrator,
shall be filed by the applicant with: (1) the registrar of titles for issuance of a first certificate
of title; and (2) the county recorder for indexing in the tract index to show the disposition
of the registration case.
new text end

Sec. 3.

Minnesota Statutes 2020, section 508.13, is amended to read:


508.13 REFERENCES TO EXAMINERS; POWERS; REPORTS.

Immediately after the filing of the abstract of titlenew text begin or other evidence of title acceptable
to the examiner of titles
new text end, the court administrator shall refer the file to the examiner of titles,
who shall proceed to examine into the title of the land described in the application, and into
the truth of all matters set forth therein. The examiner shall ascertain whether or not the
land is occupied, and, if occupied, shall ascertain the nature thereof, and by what right the
occupation is held. The examiner shall also ascertain whether or not any judgments exist
which may be a lien upon the land. The examiner shall search all public records, and fully
investigate all facts pertaining to the title which may be brought to the examiner's notice,
and shall file in the case a full report thereof, together with the examiner's opinion upon the
title. The court shall not be bound by any report of the examiner of titles, but may require
further or other proof. An examiner of titles shall have full power to administer oaths and
examine witnesses concerning any matter involved in the examiner's investigation of titles.
When, in the opinion of the examiner, the state has any interest in, or lien upon, the land,
the examiner shall state the nature and character thereof in the examiner's report, and in
such cases, the state shall be joined as a party, and named in the summons as a party thereto,
in order that its interest, estate or lien may be defined and preserved. The court administrator
shall give notice to the applicant of the filing of such report. If the report of the examiner
is adverse to the applicant, the applicant shall have a reasonable time in which to proceed
further, or to withdraw the application. This election shall be made in writing and filed with
the court administrator. Examiners shall, upon the request of the registrar, advise the registrar
upon any act or duty pertaining to the conduct of the office, or prepare the form of any
memorial to be made or entered by the registrar.

In all cases where under the provisions of this chapter application is made to the court
for any order or decree, the court may refer the matter to the examiner of titles for hearing
and report in like manner as herein provided for the reference of the initial application for
registration.

Sec. 4.

Minnesota Statutes 2020, section 508.671, subdivision 1, is amended to read:


Subdivision 1.

Petition.

An owner of registered land may apply by a duly verified petition
to the court to have all or some of the boundary lines judicially determined. 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. The
petition shall contain the full names and post office addresses of all owners of adjoining
lands and the legal description of the 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 recorded with
the registrar of titles and entered as a memorial on the petitioner's certificate of title, if
applicable, and on the certificates of title for any affected adjoining registered lands, and
recorded with the county recorder if the petitioner's land or any affected parcels are
unregistered lands, and entered in the tract index for the affected 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, new text beginor other evidence new text endsatisfactory 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.

Sec. 5.

Minnesota Statutes 2020, 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 land;

(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.

new text begin 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 and waive mailed notice
under section 508A.10, clause (3). The assent and waiver of notice shall be executed and
acknowledged in the manner required by law for the execution and acknowledgment of a
deed and attached to the application.
new text end

Sec. 6.

Minnesota Statutes 2020, section 508A.10, is amended to read:


508A.10 APPLICATION TO EXAMINER; POWERS OF EXAMINER.

An application for registration for a CPT shall be addressed to the examiner of titles in
and for the county in which the land described is situated. The examiner shall have the
powers provided in sections 508A.01 to 508A.85 including but not limited to the following:

(1) to approve all applications prior to filing of record;

(2) to require an abstract of title new text beginor other evidence of title new text endwith searches and
recertifications as desired;

(3) to require that mailed notice be given to the holders of any interest, when their
addresses are known;

(4) to issue examiner's reports, supplemental reports, and directives to the registrar
regarding initial CPTs or memorials upon any CPT pursuant to section 508A.71;

(5) to require the county surveyor to review the proposed legal description of any CPT
or to inspect the real property;

(6) to suspend any proceeding hereunder upon receipt of any valid written objections
by persons claiming an interest in the real property; and

(7) to require proceedings subsequent to the initial CPT as may be necessary to achieve
the purposes of sections 508A.01 to 508A.85, or to certify instruments transferring title
pursuant to sections 508A.59, 508A.62, and 508A.69.

Sec. 7.

Minnesota Statutes 2020, section 508A.11, subdivision 2, is amended to read:


Subd. 2.

Abstract supplied.

The applicant shall deliver to the examiner of titles an
abstract of title new text beginor other evidence of title new text endsatisfactory to the examiner. In the event the
examiner refuses to direct the issuance of a CPT, the abstract shall be returned. Otherwise,
the abstract shall be returned to the applicant only at the time and under the conditions as
the examiner shall determine.

Sec. 8.

Minnesota Statutes 2020, section 508A.11, subdivision 3, is amended to read:


Subd. 3.

Fees.

Before the examiner of titles examines the abstract of titlenew text begin or other evidence
of title
new text end, the applicant shall pay to the registrar of titles the fee provided by section 508A.82,
subdivision 1
, clause (18).

Sec. 9.

Minnesota Statutes 2020, section 508A.13, subdivision 1, is amended to read:


Subdivision 1.

Examination of documents.

After the filing of the application for a CPT,
the examiner of titles shall proceed to prepare a full written report to the applicant or the
applicant's attorney based upon the examiner's examination of the application, abstract of
titlenew text begin or other evidence of titlenew text end, and the public records.

Sec. 10.

Minnesota Statutes 2020, section 508A.22, is amended to read:


508A.22 EXAMINER'S DIRECTIVE; FEES.

Subdivision 1.

Directive.

The examiner of titles, upon being satisfied that the applicant
is entitled to a CPT, but not earlier than 20 days from the date of mailing of the notice
required by section 508A.13, shall issue a written directive to the registrar of titles directing
that the first CPT be issued and entered in the name of the applicant, subject only to the
following: (a) the exceptions set out in section 508A.25; (b) separate memorials showing
all outstanding rights, titles, estates, liens, and interests set forth in the examiner's report
and any additional liens, encumbrances, or other interests affecting the land, arising after
the filing of the application; and (c) a memorial of the examiner's directive which must state
that the land described in the directive is subject to the rights of persons in possession, if
any, and any rights which would be disclosed by a survey except as those rights are limited
by section 508A.02, subdivision 1. The examiner's directive shall contain an accurate
description of the land and shall set forth the address of the applicant and, if the applicant
is an individual, whether the applicant is 18 years of age or older, and whether married or
unmarried, and if married, the name of the spouse; if the applicant is under any legal
incapacity, the nature of it shall be stated. new text beginThe examiner's directive shall also be recorded
with the county recorder and indexed in the tract index to show that the CPT application
was granted and the land is converted to registered property. The examiner's directive is
recordable without an acknowledgment.
new text endThe examiner shall deliver the abstract of title to
the registrar of titles who shall retain it, but it must not be entered as a memorial on the
CPT. From the date of filing the examiner's directive with the registrar of titles, all
instruments affecting title to the land which are registered shall be filed in the office of the
registrar of titles and be memorialized upon the CPT.

Subd. 3.

Fees.

Upon the filing with the registrar of titles of the examiner's directive
pursuant to subdivision 1, there shall be paid new text beginby the applicant new text endto the registrar the fee provided
by section 508A.82, subdivision 1, clause (2), for registering a first CPTnew text begin, and there shall be
paid to the county recorder the fee provided by section 357.18 for recording an instrument
new text end.