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Minnesota Legislature

Office of the Revisor of Statutes

SF 2795

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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

Current Version - 1st Engrossment

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A bill for an act
relating to real property; providing for conveyance of interests in real property by
transfer on death deeds; clarifying acknowledgments made in a representative
capacity; clarifying application of certain common law doctrine to registered
land; eliminating obsolete language and making other technical and conforming
changes; amending Minnesota Statutes 2006, sections 256B.15, subdivisions 1h,
1i; 272.12; 287.22; 508.02; 508.48; 508.52; 508.671, subdivision 1; 508A.02,
subdivision 1; 508A.48; 508A.52; 524.2-702; 557.02; Minnesota Statutes 2007
Supplement, section 507.24, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 507.

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

ARTICLE 1

TRANSFER ON DEATH DEEDS

Section 1.

Minnesota Statutes 2006, section 256B.15, subdivision 1h, is amended to
read:


Subd. 1h.

Estates of specific persons receiving medical assistance.

(a) For
purposes of this section, paragraphs (b) to (k) apply if a person received medical assistance
for which a claim may be filed under this section and died single, or the surviving spouse
of the couple and was not survived by any of the persons described in subdivisions 3 and 4.

(b) For purposes of this section, the person's estate consists of: (1) deleted text begintheirdeleted text end new text beginthe person's
new text endprobate estate; (2) all of the person's interests or proceeds of those interests in real property
the person owned as a life tenant or as a joint tenant with a right of survivorship at the
time of the person's death; (3) all of the person's interests or proceeds of those interests in
securities the person owned in beneficiary form as provided under sections 524.6-301 to
524.6-311 at the time of the person's death, to the extent they become part of the probate
estate under section 524.6-307; deleted text beginanddeleted text end (4) all of the person's interests in joint accounts,
multiple party accounts, and pay on death accounts, or the proceeds of those accounts, as
provided under sections 524.6-201 to 524.6-214 at the time of the person's death to the
extent they become part of the probate estate under section 524.6-207new text begin; and (5) the person's
legal title or interest at the time of the person's death in real property transferred under
a transfer on death deed under section 507.071, or in the proceeds from the subsequent
sale of the person's interest in the real property
new text end. Notwithstanding any law or rule to the
contrary, a state or county agency with a claim under this section shall be a creditor under
section 524.6-307.

(c) Notwithstanding any law or rule to the contrary, the person's life estate or joint
tenancy interest in real property not subject to a medical assistance lien under sections
514.980 to 514.985 on the date of the person's death shall not end upon the person's death
and shall continue as provided in this subdivision. The life estate in the person's estate
shall be that portion of the interest in the real property subject to the life estate that is equal
to the life estate percentage factor for the life estate as listed in the Life Estate Mortality
Table of the health care program's manual for a person who was the age of the medical
assistance recipient on the date of the person's death. The joint tenancy interest in real
property in the estate shall be equal to the fractional interest the person would have owned
in the jointly held interest in the property had they and the other owners held title to the
property as tenants in common on the date the person died.

(d) The court upon its own motion, or upon motion by the personal representative or
any interested party, may enter an order directing the remaindermen or surviving joint
tenants and their spouses, if any, to sign all documents, take all actions, and otherwise
fully cooperate with the personal representative and the court to liquidate the decedent's
life estate or joint tenancy interests in the estate and deliver the cash or the proceeds of
those interests to the personal representative and provide for any legal and equitable
sanctions as the court deems appropriate to enforce and carry out the order, including an
award of reasonable attorney fees.

(e) The personal representative may make, execute, and deliver any conveyances or
other documents necessary to convey the decedent's life estate or joint tenancy interest
in the estate that are necessary to liquidate and reduce to cash the decedent's interest or
for any other purposes.

(f) Subject to administration, all costs, including reasonable attorney fees, directly
and immediately related to liquidating the decedent's life estate or joint tenancy interest in
the decedent's estate, shall be paid from the gross proceeds of the liquidation allocable
to the decedent's interest and the net proceeds shall be turned over to the personal
representative and applied to payment of the claim presented under this section.

(g) The personal representative shall bring a motion in the district court in which
the estate is being probated to compel the remaindermen or surviving joint tenants to
account for and deliver to the personal representative all or any part of the proceeds of any
sale, mortgage, transfer, conveyance, or any disposition of real property allocable to the
decedent's life estate or joint tenancy interest in the decedent's estate, and do everything
necessary to liquidate and reduce to cash the decedent's interest and turn the proceeds of
the sale or other disposition over to the personal representative. The court may grant any
legal or equitable relief including, but not limited to, ordering a partition of real estate
under chapter 558 necessary to make the value of the decedent's life estate or joint tenancy
interest available to the estate for payment of a claim under this section.

(h) Subject to administration, the personal representative shall use all of the cash
or proceeds of interests to pay an allowable claim under this section. The remaindermen
or surviving joint tenants and their spouses, if any, may enter into a written agreement
with the personal representative or the claimant to settle and satisfy obligations imposed at
any time before or after a claim is filed.

(i) The personal representative may, at their discretion, provide any or all of the
other owners, remaindermen, or surviving joint tenants with an affidavit terminating the
decedent's estate's interest in real property the decedent owned as a life tenant or as a joint
tenant with others, if the personal representative determines in good faith that neither the
decedent nor any of the decedent's predeceased spouses received any medical assistance
for which a claim could be filed under this section, or if the personal representative has
filed an affidavit with the court that the estate has other assets sufficient to pay a claim, as
presented, or if there is a written agreement under paragraph (h), or if the claim, as allowed,
has been paid in full or to the full extent of the assets the estate has available to pay it. The
affidavit may be recorded in the office of the county recorder or filed in the Office of the
Registrar of Titles for the county in which the real property is located. Except as provided
in section 514.981, subdivision 6, when recorded or filed, the affidavit shall terminate the
decedent's interest in real estate the decedent owned as a life tenant or a joint tenant with
others. The affidavit shall: (1) be signed by the personal representative; (2) identify the
decedent and the interest being terminated; (3) give recording information sufficient to
identify the instrument that created the interest in real property being terminated; (4)
legally describe the affected real property; (5) state that the personal representative has
determined that neither the decedent nor any of the decedent's predeceased spouses
received any medical assistance for which a claim could be filed under this section; (6)
state that the decedent's estate has other assets sufficient to pay the claim, as presented, or
that there is a written agreement between the personal representative and the claimant and
the other owners or remaindermen or other joint tenants to satisfy the obligations imposed
under this subdivision; and (7) state that the affidavit is being given to terminate the
estate's interest under this subdivision, and any other contents as may be appropriate.

The recorder or registrar of titles shall accept the affidavit for recording or filing. The
affidavit shall be effective as provided in this section and shall constitute notice even if it
does not include recording information sufficient to identify the instrument creating the
interest it terminates. The affidavit shall be conclusive evidence of the stated facts.

(j) The holder of a lien arising under subdivision 1c shall release the lien at the
holder's expense against an interest terminated under paragraph (h) to the extent of the
termination.

(k) If a lien arising under subdivision 1c is not released under paragraph (j), prior to
closing the estate, the personal representative shall deed the interest subject to the lien to
the remaindermen or surviving joint tenants as their interests may appear. Upon recording
or filing, the deed shall work a merger of the recipient's life estate or joint tenancy interest,
subject to the lien, into the remainder interest or interest the decedent and others owned
jointly. The lien shall attach to and run with the property to the extent of the decedent's
interest at the time of the decedent's death.

Sec. 2.

Minnesota Statutes 2006, section 256B.15, subdivision 1i, is amended to read:


Subd. 1i.

Estates of persons receiving medical assistance and survived by
others.

(a) For purposes of this subdivision, the person's estate consists of the person's
probate estate and all of the person's interests in real property the person owned as a life
tenant or a joint tenant at the time of the person's deathnew text begin and the person's legal title or
interest at the time of the person's death in real property transferred to a beneficiary under
a transfer on death deed under section 507.071, or in the proceeds from the subsequent
sale of the person's interest in the transferred real property
new text end.

(b) Notwithstanding any law or rule to the contrary, this subdivision applies if a
person received medical assistance for which a claim could be filed under this section but
for the fact the person was survived by a spouse or by a person listed in subdivision 3, or if
subdivision 4 applies to a claim arising under this section.

(c) The person's life estate or joint tenancy interests in real property not subject to a
medical assistance lien under sections 514.980 to 514.985 on the date of the person's death
shall not end upon death and shall continue as provided in this subdivision. The life estate
in the estate shall be the portion of the interest in the property subject to the life estate that
is equal to the life estate percentage factor for the life estate as listed in the Life Estate
Mortality Table of the health care program's manual for a person who was the age of the
medical assistance recipient on the date of the person's death. The joint tenancy interest in
the estate shall be equal to the fractional interest the medical assistance recipient would
have owned in the jointly held interest in the property had they and the other owners held
title to the property as tenants in common on the date the medical assistance recipient died.

(d) The county agency shall file a claim in the estate under this section on behalf of
the claimant who shall be the commissioner of human services, notwithstanding that the
decedent is survived by a spouse or a person listed in subdivision 3. The claim, as allowed,
shall not be paid by the estate and shall be disposed of as provided in this paragraph.
The personal representative or the court shall make, execute, and deliver a lien in favor
of the claimant on the decedent's interest in real property in the estate in the amount of
the allowed claim on forms provided by the commissioner to the county agency filing the
lien. The lien shall bear interest as provided under section 524.3-806, shall attach to the
property it describes upon filing or recording, and shall remain a lien on the real property
it describes for a period of 20 years from the date it is filed or recorded. The lien shall be a
disposition of the claim sufficient to permit the estate to close.

(e) The state or county agency shall file or record the lien in the office of the
county recorder or registrar of titles for each county in which any of the real property is
located. The recorder or registrar of titles shall accept the lien for filing or recording. All
recording or filing fees shall be paid by the Department of Human Services. The recorder
or registrar of titles shall mail the recorded lien to the Department of Human Services.
The lien need not be attested, certified, or acknowledged as a condition of recording or
filing. Upon recording or filing of a lien against a life estate or a joint tenancy interest,
the interest subject to the lien shall merge into the remainder interest or the interest the
recipient and others owned jointly. The lien shall attach to and run with the property to
the extent of the decedent's interest in the property at the time of the decedent's death
as determined under this section.

(f) The department shall make no adjustment or recovery under the lien until after the
decedent's spouse, if any, has died, and only at a time when the decedent has no surviving
child described in subdivision 3. The estate, any owner of an interest in the property
which is or may be subject to the lien, or any other interested party, may voluntarily pay
off, settle, or otherwise satisfy the claim secured or to be secured by the lien at any time
before or after the lien is filed or recorded. Such payoffs, settlements, and satisfactions
shall be deemed to be voluntary repayments of past medical assistance payments for the
benefit of the deceased recipient, and neither the process of settling the claim, the payment
of the claim, or the acceptance of a payment shall constitute an adjustment or recovery
that is prohibited under this subdivision.

(g) The lien under this subdivision may be enforced or foreclosed in the manner
provided by law for the enforcement of judgment liens against real estate or by a
foreclosure by action under chapter 581. When the lien is paid, satisfied, or otherwise
discharged, the state or county agency shall prepare and file a release of lien at its own
expense. No action to foreclose the lien shall be commenced unless the lien holder has first
given 30 days' prior written notice to pay the lien to the owners and parties in possession
of the property subject to the lien. The notice shall: (1) include the name, address, and
telephone number of the lien holder; (2) describe the lien; (3) give the amount of the lien;
(4) inform the owner or party in possession that payment of the lien in full must be made
to the lien holder within 30 days after service of the notice or the lien holder may begin
proceedings to foreclose the lien; and (5) be served by personal service, certified mail,
return receipt requested, ordinary first class mail, or by publishing it once in a newspaper
of general circulation in the county in which any part of the property is located. Service of
the notice shall be complete upon mailing or publication.

Sec. 3.

Minnesota Statutes 2006, section 272.12, is amended to read:


272.12 CONVEYANCES, TAXES PAID BEFORE RECORDING.

When:

(a) a deed or other instrument conveying land,

(b) a plat of any town site or addition thereto,

(c) a survey required pursuant to section 508.47,

(d) a condominium plat subject to chapter 515 or 515A or a declaration that contains
such a plat, or

(e) a common interest community plat subject to chapter 515B or a declaration
that contains such a plat,

is presented to the county auditor for transfer, the auditor shall ascertain from the records
if there be taxes delinquent upon the land described therein, or if it has been sold for
taxes. An assignment of a sheriff's or referee's certificate of sale, when the certificate of
sale describes real estate, and certificates of redemption from mortgage or lien foreclosure
sales, when the certificate of redemption encompasses real estate and is issued to a junior
creditor, are considered instruments conveying land for the purposes of this section and
section 272.121. If there are taxes delinquent, the auditor shall certify to the same; and
upon payment of such taxes, or in case no taxes are delinquent, shall transfer the land upon
the books of the auditor's office, and note upon the instrument, over official signature, the
words, "no delinquent taxes and transfer entered," or, if the land described has been sold
or assigned to an actual purchaser for taxes, the words "paid by sale of land described
within;" and, unless such statement is made upon such instrument, the county recorder or
the registrar of titles shall refuse to receive or record the same; provided, that sheriff's or
referees' certificates of sale on execution or foreclosure of a lien or mortgage, certificates
of redemption from mortgage or lien foreclosure sales issued to the redeeming mortgagor
or lienee, deeds of distribution made by a personal representative in probate proceedings,new text begin
transfer on death deeds under section 507.071,
new text end decrees and judgments, receivers receipts,
patents, and copies of town or statutory city plats, in case the original plat filed in the
office of the county recorder has been lost or destroyed, and the instruments releasing,
removing and discharging reversionary and forfeiture provisions affecting title to land
and instruments releasing, removing or discharging easement rights in land or building or
other restrictions, may be recorded without such certificate; and, provided that instruments
conveying land and, as appurtenant thereto an easement over adjacent tract or tracts of
land, may be recorded without such certificate as to the land covered by such easement;
and provided further, that any instrument granting an easement made in favor of any
public utility or pipe line for conveying gas, liquids or solids in suspension, in the nature
of a right-of-way over, along, across or under a tract of land may be recorded without such
certificate as to the land covered by such easement. Documents governing homeowners
associations of condominiums, townhouses, common interest ownership communities,
and other planned unit developments may be recorded without the auditor's certificate to
the extent provided in section 515B.1-116(f).

A deed of distribution made by a personal representative in a probate proceeding,
a decree, or a judgment that conveys land shall be presented to the county auditor, who
shall transfer the land upon the books of the auditor's office and note upon the instrument,
over official signature, the words, "transfer entered", and the instrument may then be
recorded. A decree or judgment that affects title to land but does not convey land may be
recorded without presentation to the auditor.

A violation of this section by the county recorder or the registrar of titles shall
be a gross misdemeanor, and, in addition to the punishment therefor, the recorder or
registrar shall be liable to the grantee of any instrument so recorded for the amount of
any damages sustained.

When, as a condition to permitting the recording of deed or other instrument
affecting the title to real estate previously forfeited to the state under the provisions of
sections 281.16 to 281.25, county officials, after such real estate has been purchased or
repurchased, have required the payment of taxes erroneously assumed to have accrued
against such real estate after forfeiture and before the date of purchase or repurchase, the
sum required to be so paid shall be refunded to the persons entitled thereto out of moneys
in the funds in which the sum so paid was placed. Delinquent taxes are those taxes deemed
delinquent under section 279.02.

Sec. 4.

Minnesota Statutes 2006, section 287.22, is amended to read:


287.22 EXEMPTIONS.

The tax imposed by section 287.21 does not apply to:

(1) An executory contract for the sale of real property under which the purchaser is
entitled to or does take possession of the real property, or any assignment or cancellation
of the contract;

(2) A mortgage or an amendment, assignment, extension, partial release, or
satisfaction of a mortgage;

(3) A will;

(4) A plat;

(5) A lease, amendment of lease, assignment of lease, or memorandum of lease;

(6) A deed, instrument, or writing in which the United States or any agency or
instrumentality thereof is the grantor, assignor, transferor, conveyor, grantee, or assignee;

(7) A deed for a cemetery lot or lots;

(8) A deed of distribution by a personal representative;

(9) A deed to or from a co-owner partitioning their undivided interest in the same
piece of real property;

(10) A deed or other instrument of conveyance issued pursuant to a permanent
school fund land exchange under section 92.121 and related laws;

(11) A referee's or sheriff's certificate of sale in a mortgage or lien foreclosure sale;

(12) A referee's, sheriff's, or certificate holder's certificate of redemption from a
mortgage or lien foreclosure sale issued to the redeeming mortgagor or lienee;

(13) A deed, instrument, or writing which grants, creates, modifies, or terminates an
easement; deleted text beginand
deleted text end

(14) A decree of marriage dissolution, as defined in section 287.01, subdivision 4,
or a deed or other instrument between the parties to the dissolution made pursuant to the
terms of the decreedeleted text begin.deleted text endnew text begin; and
new text end

new text begin (15) A transfer on death deed under section 507.071.
new text end

Sec. 5.

new text begin [507.071] TRANSFER ON DEATH DEEDS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section the following terms
have the meanings given:
new text end

new text begin (a) "Beneficiary" or "grantee beneficiary" means a person or entity named as a
grantee beneficiary in a transfer on death deed, including a successor grantee beneficiary.
new text end

new text begin (b) "County agency" means the county department or office designated to recover
medical assistance benefits from the estates of decedents.
new text end

new text begin (c) "Grantor owner" means an owner named as a grantor in a transfer on death deed
upon whose death the conveyance or transfer of the described real property is conditioned.
Grantor owner does not include a spouse who joins in a transfer on death deed solely
for the purpose of conveying or releasing statutory or other marital interests in the real
property to be conveyed or transferred by the transfer on death deed.
new text end

new text begin (d) "Owner" means a person having an ownership or other interest in all or part
of the real property to be conveyed or transferred by a transfer on death deed. Owner
does not include a spouse who joins in a transfer on death deed solely for the purpose
of conveying or releasing statutory or other marital interests in the real property to be
conveyed or transferred by the transfer on death deed.
new text end

new text begin (e) "Recorded" means recorded in the office of the county recorder or registrar of
titles, as appropriate for the real property described in the instrument to be recorded.
new text end

new text begin (f) "State agency" means the Department of Human Services or any successor
agency.
new text end

new text begin (g) "Transfer on death deed" means a deed authorized under this section.
new text end

new text begin Subd. 2. new text end

new text begin Effect of transfer on death deed. new text end

new text begin A deed that conveys or assigns an
interest in real property, including a mortgage, judgment, or any other lien on real property,
to a grantee beneficiary and that expressly states that the deed is only effective on the
death of one or more of the grantor owners, transfers the interest to the grantee beneficiary
upon the death of the grantor owner upon whose death the conveyance or transfer is stated
to be effective, but subject to the survivorship provisions and requirements of section
524.2-702. A transfer on death deed must comply with all provisions of Minnesota law
applicable to deeds of real property including, but not limited to, the provisions of sections
507.02, 507.24, 507.34, 508.48, and 508A.48.
new text end

new text begin Subd. 3. new text end

new text begin Rights of creditors and rights of the state and county under sections
246.53, 256B.15, 256D.16, 261.04, and 514.981.
new text end

new text begin The interest transferred to a beneficiary
under a transfer on death deed after the death of a grantor owner is transferred subject
to all effective conveyances, assignments, contracts, mortgages, deeds of trust, liens,
security pledges, judgments, tax liens, and other encumbrances made by the grantor owner
or to which the property was subject during the grantor owner's lifetime, including but
not limited to, any claim by a surviving spouse or any claim or lien by the state or county
agency authorized by section 246.53, 256B.15, 256D.16, 261.04, or 514.981, if other
assets of the deceased owner's estate are insufficient to pay the amount of any such claim.
A beneficiary to whom the interest is transferred after the death of a grantor owner shall be
liable to account to the state or county agency with a claim or lien authorized by section
246.53, 256B.15, 256D.16, 261.04, or 514.981, to the extent necessary to discharge
any such claim remaining unpaid after application of the assets of the deceased grantor
owner's estate, but such liability shall be limited to the value of the interest transferred
to the beneficiary. To establish compliance with this subdivision and subdivision 23, the
beneficiary must record a clearance certificate issued in accordance with subdivision 23 in
each county in which the real property described in the transfer on death deed is located.
new text end

new text begin Subd. 4. new text end

new text begin Multiple grantee beneficiaries. new text end

new text begin A transfer on death deed may designate
multiple grantee beneficiaries to take title as joint tenants, as tenants in common or in any
other form of ownership or tenancy that is valid under the laws of this state.
new text end

new text begin Subd. 5. new text end

new text begin Successor grantee beneficiaries. new text end

new text begin A transfer on death deed may designate
one or more successor grantee beneficiaries or a class of successor grantee beneficiaries,
or both. If the transfer on death deed designates successor grantee beneficiaries or a class
of successor grantee beneficiaries, the deed shall state the condition under which the
interest of the successor grantee beneficiaries would vest.
new text end

new text begin Subd. 6. new text end

new text begin Multiple joint tenant grantors. new text end

new text begin If an interest in real property is owned
as joint tenants, a transfer on death deed executed by all of the owners that conveys an
interest in real property to one or more grantee beneficiaries transfers the interest to the
grantee beneficiary or beneficiaries effective only after the death of the last surviving
grantor owner. If the last surviving joint tenant owner did not execute the transfer on death
deed, the deed is ineffective to transfer any interest and the deed is void. An estate in joint
tenancy is not severed or affected by the subsequent execution of a transfer on death deed
and the right of a surviving joint tenant owner who did not execute the transfer on death
deed shall prevail over a grantee beneficiary named in a transfer on death deed unless the
deed specifically states that it severs the joint tenancy ownership.
new text end

new text begin Subd. 7. new text end

new text begin Execution by attorney-in-fact. new text end

new text begin A transfer on death deed may be executed
by a duly appointed attorney-in-fact pursuant to a power of attorney which grants the
attorney-in-fact the authority to execute deeds.
new text end

new text begin Subd. 8. new text end

new text begin Recording requirements and authorization. new text end

new text begin A transfer on death deed
is valid if the deed is recorded in a county in which at least a part of the real property
described in the deed is located and is recorded before the death of the grantor owner
upon whose death the conveyance or transfer is effective. A transfer on death deed is not
effective for purposes of section 507.34, 508.47, or 508A.47 until the deed is recorded
in the county in which the real property is located. When a transfer on death deed is
presented for recording, no certification by the county auditor as to transfer of ownership
and current and delinquent taxes shall be required or made and the transfer on death deed
shall not be required to be accompanied by a certificate of real estate value. A transfer
on death deed that otherwise satisfies all statutory requirements for recording may be
recorded and shall be accepted for recording in the county in which the property described
in the deed is located. If any part of the property described in the transfer on death deed
is registered property, the registrar of titles shall accept the transfer on death deed for
recording only if at least one of the grantors who executes the transfer on death deed
appears of record to have an ownership interest in the property described in the deed. No
certification or approval of a transfer on death deed shall be required of the examiner of
titles prior to recording of the deed in the office of the registrar of titles.
new text end

new text begin Subd. 9. new text end

new text begin Deed to trustee or other entity. new text end

new text begin A transfer on death deed may transfer an
interest in real property to the trustee of an inter vivos trust even if the trust is revocable,
to the trustee of a testamentary trust or to any other entity legally qualified to hold title to
real property under the laws of this state.
new text end

new text begin Subd. 10. new text end

new text begin Revocation or modification of transfer on death deed. new text end

new text begin (a) A transfer
on death deed may be revoked at any time by the grantor owner or, if there is more than
one grantor owner, by any of the grantor owners. To be effective, the revocation must
be recorded in the county in which at least a part of the real property is located before
the death of the grantor owner or owners who execute the revocation. The revocation is
not effective for purposes of section 507.34, 508.47, or 508A.47 until the revocation is
recorded in the county in which the real property is located. Subject to subdivision 6, if
the real property is owned as joint tenants and if the revocation is not executed by all of
the grantor owners, the revocation is not effective unless executed by the last surviving
grantor owner.
new text end

new text begin (b) If a grantor owner conveys to a third party, subsequent to the recording of the
transfer on death deed, by means other than a transfer on death deed, all or a part of such
grantor owner's interest in the property described in the transfer on death deed, no transfer
of the conveyed interest shall occur on such grantor owner's death and the transfer on
death deed shall be ineffective as to the conveyed or transferred interests, but the transfer
on death deed remains effective with respect to the conveyance or transfer on death of
any other interests described in the transfer on death deed owned by the grantor owner
at the time of the grantor owner's death.
new text end

new text begin (c) A transfer on death deed is a "governing instrument" within the meaning of
section 524.2-804 and, except as may otherwise be specifically provided for in the
transfer on death deed, is subject to the same provisions as to revocation, revival, and
nonrevocation set forth in section 524.2-804.
new text end

new text begin Subd. 11. new text end

new text begin Antilapse; deceased beneficiary; words of survivorship. new text end

new text begin (a) If a grantee
beneficiary who is a grandparent or lineal descendant of a grandparent of the grantor
owner fails to survive the grantor owner, the issue of the deceased grantee beneficiary who
survive the grantor owner take in place of the deceased grantee beneficiary. If they are all
of the same degree of kinship to the deceased grantee beneficiary, they take equally. If
they are of unequal degree, those of more remote degree take by right of representation.
new text end

new text begin (b) For the purposes of this subdivision, words of survivorship such as, in a
conveyance to an individual, "if he or she survives me," or, in a class gift, to "my surviving
children," are a sufficient indication of intent to condition the conveyance or transfer upon
the beneficiary surviving the grantor owner.
new text end

new text begin Subd. 12. new text end

new text begin Lapse. new text end

new text begin If all beneficiaries and all successor beneficiaries, if any,
designated in a transfer on death deed, and also all successor beneficiaries who would take
under the antilapse provisions of subdivision 11, fail to survive the grantor owner or the
last survivor of the grantor owners if there are multiple grantor owners, if the beneficiary
is a trust which has been revoked prior to the grantor owner's death, or if the beneficiary is
an entity no longer in existence at the grantor owner's death, no transfer shall occur and
the transfer on death deed is void.
new text end

new text begin Subd. 13. new text end

new text begin Multiple transfer on death deeds. new text end

new text begin If a grantor owner executes and
records more than one transfer on death deed conveying the same interest in real property
or a greater interest in the real property, the transfer on death deed that has the latest
acknowledgment date and that is recorded before the death of the grantor owner upon
whose death the conveyance or transfer is conditioned is the effective transfer on death
deed and all other transfer on death deeds, if any, executed by the grantor owner or the
grantor owners are ineffective to transfer any interest and are void.
new text end

new text begin Subd. 14. new text end

new text begin Nonademption; unpaid proceeds of sale, condemnation, or insurance;
sale by conservator or guardian.
new text end

new text begin If at the time of the death of the grantor owner upon
whose death the conveyance or transfer is stated to be effective, the grantor owner did
not own a part or all of the real property described in the transfer on death deed, no
conveyance or transfer to the beneficiary of the nonowned part of the real property shall
occur upon the death of the grantor owner and the transfer on death deed is void as to the
nonowned part of the real property, but the beneficiary shall have the same rights to unpaid
proceeds of sale, condemnation or insurance, and, if sold by a conservator or guardian
of the grantor owner during the grantor owner's lifetime, the same rights to a general
pecuniary devise, as that of a specific devisee as set forth in section 524.2-606.
new text end

new text begin Subd. 15. new text end

new text begin Nonexoneration. new text end

new text begin Except as otherwise provided in subdivision 3, a
conveyance or transfer under a transfer on death deed passes the described property
subject to any mortgage or security interest existing at the date of death of the grantor
owner, without right of exoneration, regardless of any statutory obligations to pay the
grantor owner's debts upon death and regardless of a general directive in the grantor
owner's will to pay debts.
new text end

new text begin Subd. 16. new text end

new text begin Disclaimer by beneficiary. new text end

new text begin A grantee beneficiary's interest under a
transfer on death deed may be disclaimed as provided in section 501B.86, or as otherwise
provided by law.
new text end

new text begin Subd. 17. new text end

new text begin Effect on other conveyances. new text end

new text begin This section does not prohibit other
methods of conveying property that are permitted by law and that have the effect of
postponing ownership or enjoyment of an interest in real property until the death of the
owner. This section does not invalidate any deed that is not a transfer on death deed and
that is otherwise effective to convey title to the interests and estates described in the deed
that is not recorded until after the death of the owner.
new text end

new text begin Subd. 18. new text end

new text begin Notice, consent, and delivery not required. new text end

new text begin The signature, consent or
agreement of, or notice to, a grantee beneficiary under a transfer on death deed, or delivery
of the transfer on death deed to the grantee beneficiary, is not required for any purpose
during the lifetime of the grantor owner.
new text end

new text begin Subd. 19. new text end

new text begin Nonrevocation by will. new text end

new text begin A transfer on death deed that is executed,
acknowledged, and recorded in accordance with this section is not revoked by the
provisions of a will.
new text end

new text begin Subd. 20. new text end

new text begin Proof of survivorship and clearance from public assistance claims
and liens; recording.
new text end

new text begin An affidavit of identity and survivorship with a certified copy of a
record of death as an attachment may be combined with a clearance certificate under this
section and the combined documents may be recorded separately or as one document in
each county in which the real estate described in the clearance certificate is located. The
affidavit, record of death, and clearance certificate, whether combined or separate shall be
prima facie evidence of the facts stated in each, and the registrar of titles may rely on the
statements to transfer title to the property described in the clearance certificate.
new text end

new text begin Subd. 21. new text end

new text begin After-acquired property. new text end

new text begin Except as provided in this subdivision, a
transfer on death deed is not effective to transfer any interest in real property acquired by a
grantor owner subsequent to the date of signing of a transfer on death deed. A grantor
owner may provide by specific language in a transfer on death deed that the transfer on
death deed will apply to any interest in the described property acquired by the grantor
owner after the signing or recording of the deed.
new text end

new text begin Subd. 22. new text end

new text begin Anticipatory alienation prohibited. new text end

new text begin The interest of a grantee beneficiary
under a transfer on death deed which has not yet become effective is not subject to
alienation; assignment; encumbrance; appointment or anticipation by the beneficiary;
garnishment; attachment; execution or bankruptcy proceedings; claims for alimony,
support, or maintenance; payment of other obligations by any person against the
beneficiary; or any other transfer, voluntary or involuntary, by or from any beneficiary.
new text end

new text begin Subd. 23. new text end

new text begin Clearance for public assistance claims and liens. new text end

new text begin Any person claiming
an interest in real property conveyed or transferred by a transfer on death deed, or the
person's attorney or other agent, may apply to the county agency in the county in which
the real property is located for a clearance certificate for the real property described in
the transfer on death deed. The application for a clearance certificate and the clearance
certificate must contain the legal description of each parcel of property covered by the
clearance certificate. The county agency shall provide a sufficient number of clearance
certificates to allow a clearance certificate to be recorded in each county in which the real
property described in the transfer on death deed is located. The real property described in
the clearance certificate is bound by any conditions or other requirements imposed by the
county agency as specified in the clearance certificate. If the real property is registered
property, a new certificate of title must not be issued until the clearance certificate is
recorded. If the clearance certificate shows the continuation of a medical assistance
claim or lien after issuance of the clearance certificate, the real property remains subject
to the claim or lien. If the real property is registered property, the clearance certificate
must be carried forward as a memorial in any new certificate of title. The application
shall contain the same information and shall be submitted, processed, and resolved in the
same manner and on the same terms and conditions as provided in section 525.313 for
a clearance certificate in a decree of descent proceeding, except that a copy of a notice
of hearing does not have to accompany the application. The application may contain a
statement that the applicant, after reasonably diligent inquiry, is not aware of the existence
of a predeceased spouse or the existence of a claim which could be recovered under
section 246.53, 256B.15, 256D.16, 261.04, or 514.981. If the county agency determines
that a claim or lien exists under section 246.53, 256B.15, 256D.16, 261.04, or 514.981, the
provisions of section 525.313 shall apply to collection, compromise, and settlement of
the claim or lien. A person claiming an interest in real property transferred or conveyed
by a transfer on death deed may petition or move the district court, as appropriate, in the
county in which the real property is located or in the county in which a probate proceeding
affecting the estate of the grantor of the transfer on death deed is pending, for an order
allowing sale of the real property free and clear of any public assistance claim or lien but
subject to disposition of the sale proceeds as provided in section 525.313. On a showing of
good cause and subject to such notice as the court may require, the court without hearing
may issue an order allowing the sale free and clear of any public assistance claim or lien
on such terms and conditions as the court deems advisable to protect the interests of
the state or county agency.
new text end

new text begin Subd. 24. new text end

new text begin Form of transfer on death deed. new text end

new text begin A transfer on death deed may be
substantially in the following form:
new text end

new text begin Transfer on Death Deed
new text end

new text begin I (we) _______________________ (grantor owner or owners and spouses,
if any, with marital status designated), grantor(s), hereby convey(s) and
quitclaim(s) to _______________________ (grantee beneficiary, whether one
or more) effective (check only one of the following)
new text end

new text begin ___ on the death of the grantor owner, if only one grantor is named above, or
on the death of the last of the grantor owners to die, if more than one grantor
owner is named above, or
new text end

new text begin ___ on the death of (name of grantor owner)
new text end

new text begin _______________________ (must be one of the grantor owners named above),
the following described real property:
new text end

new text begin (Legal description)
new text end

new text begin If checked, the following optional statement applies:
new text end

new text begin ___ When effective, this instrument conveys any and all interests in the
described real property acquired by the grantor owner(s) before, on, or after the
date of this instrument.
new text end

_
new text begin (Signature of grantor(s))
new text end
new text begin (acknowledgment)
new text end

new text begin Subd. 25. new text end

new text begin Form of instrument of revocation. new text end

new text begin An instrument of revocation may be
substantially in the following form:
new text end

new text begin Revocation of Transfer on Death Deed
new text end

new text begin The undersigned hereby revokes the transfer on death deed recorded on
__________, ____, as Document No. __________ (or in Book __________
of _________, Page ____) in the office of the (County Recorder) (Registrar of
Titles) of _____________ County, Minnesota, affecting real property legally
described as follows:
new text end

new text begin (legal description)
new text end
new text begin Dated:
new text end
_
new text begin Signature
new text end
new text begin (acknowledgment)
new text end

Sec. 6.

Minnesota Statutes 2006, section 508.52, is amended to read:


508.52 CONVEYANCE; CANCELLATION OF OLD AND ISSUANCE OF
NEW CERTIFICATE.

An owner of registered land who desires to convey the land, or a portion thereof, in
fee, shall execute a deed of conveyance, and deleted text beginfiledeleted text endnew text begin recordnew text end the deed with the registrar. The
deed of conveyance shall be deleted text beginfileddeleted text endnew text begin recordednew text end and endorsed with the number and place of
registration of the certificate of title. Before canceling the outstanding certificate of title
the registrar shall show by memorial thereon the registration of the deed on the basis of
which it is canceled. The encumbrances, claims, or interests adverse to the title of the
registered owner shall be stated upon the new certificate, except so far as they may be
simultaneously released or discharged.new text begin The registrar shall not carry forward as a memorial
on the new certificate of title any memorials of a transfer on death deed if the grantors of
the transfer on death deed retain no fee interest in the land covered by the new certificate.
new text end
The certificate of title shall be marked "Canceled" by the registrar, who shall enter in the
register a new certificate of title to the grantee and prepare and deliver to the grantee a
copy of the new certificate of title. If a deed in fee is for a portion of the land described in
a certificate of title, the memorial of the deed entered by the registrar shall include the
legal description contained in the deed and the registrar shall enter a new certificate of title
to the grantee for the portion of the land conveyed and, except as otherwise provided in
this section, issue a residue certificate of title to the grantor for the portion of the land not
conveyed. The registrar shall prepare and deliver to each of the parties a copy of their
respective certificates of title. In lieu of canceling the grantor's certificate of title and
issuing a residue certificate to the grantor for the portion of the land not conveyed, the
registrar may if the grantor's deed does not divide a parcel of unplatted land, and in the
absence of a request to the contrary by the registered owner, mark by the land description
on the certificate of title "Part of land conveyed, see memorials." The fee for a residue
certificate of title shall be paid to the registrar only when the grantor's certificate of title
is canceled after the conveyance by the grantor of a portion of the land described in the
grantor's certificate of title. When two or more successive conveyances of the same
property are filed for registration on the same day the registrar may enter a certificate
in favor of the grantee or grantees in the last of the successive conveyances, and the
memorial of the previous deed or deeds entered on the prior certificate of title shall have
the same force and effect as though the prior certificate of title had been entered in favor
of the grantee or grantees in the earlier deed or deeds in the successive conveyances. The
fees for the registration of the earlier deed or deeds shall be the same as the fees prescribed
for the entry of memorials. The registrar of titles, with the consent of the transferee, may
mark "See memorials for new owner(s)" by the names of the registered owners on the
certificate of title and also add to the memorial of the transferring conveyance a statement
that the memorial shall serve in lieu of a new certificate of title in favor of the grantee or
grantees therein noted and may refrain from canceling the certificate of title until the time
it is canceled by a subsequent transfer, and the memorial showing such transfer of title
shall have the same effect as the entry of a new certificate of title for the land described in
the certificate of title; the fee for the registration of a conveyance without cancellation of
the certificate of title shall be the same as the fee prescribed for the entry of a memorial.

Sec. 7.

Minnesota Statutes 2006, section 508A.52, is amended to read:


508A.52 CONVEYANCE; CANCELLATION OF OLD AND ISSUANCE OF
NEW CPT.

An owner of land registered under sections 508A.01 to 508A.85 who desires to
convey the land, or a portion of it, in fee, shall execute a deed of conveyance, and deleted text beginfiledeleted text endnew text begin
record
new text end the deed with the registrar. The deed of conveyance shall be deleted text beginfileddeleted text endnew text begin recordednew text end and
endorsed with the number and place of registration of the CPT. Before canceling the
outstanding CPT, the registrar shall show by memorial on it the registration of the deed on
the basis of which it is canceled. The encumbrances, claims, or interests adverse to the
title of the registered owner shall be stated upon the new CPT, except so far as they may be
simultaneously released or discharged.new text begin The registrar shall not carry forward as a memorial
on the new CPT any memorials of a transfer on death deed if the grantors of the transfer
on death deed retain no fee interest in the real property covered by the new CPT.
new text end The CPT
shall be marked "Canceled" by the registrar, who shall enter in the register a new CPT
to the grantee, and prepare and deliver to the grantee a copy of the new CPT. If a deed
in fee is for a portion of the land described in a CPT, the memorial of the deed entered
by the registrar shall include the legal description contained in the deed and the registrar
shall enter a new CPT to the grantee for the portion of the land conveyed and, except as
otherwise provided in this section, issue a residue CPT to the grantor for the portion of
the land not conveyed. The registrar shall prepare and deliver to each of the parties a
copy of their respective deleted text beginCPTsdeleted text endnew text begin CPT'snew text end. In lieu of canceling the grantor's CPT and issuing a
residue CPT to the grantor for the portion of the land not conveyed, the registrar may if the
grantor's deed does not divide a parcel of unplatted land, and in the absence of a request to
the contrary by the registered owner, mark by the land description on the CPT "Part of
land conveyed, see memorials." The fee for a residue CPT shall be paid to the registrar
only when the grantor's CPT is canceled after the conveyance by the grantor of a portion
of the land described in the grantor's CPT. When two or more successive conveyances
of the same property are filed for registration on the same day the registrar may enter a
CPT in favor of the grantee or grantees in the last of the successive conveyances, and the
memorial of the previous deed or deeds entered on the prior CPT shall have the same force
and effect as though the prior CPT had been entered in favor of the grantee or grantees in
the earlier deed or deeds in the successive conveyances. The fees for the registration of the
earlier deed or deeds shall be the same as the fees prescribed for the entry of memorials.
The registrar of titles, with the consent of the transferee, may mark "See memorials for
new owner(s)" by the names of the registered owners on the CPT and also add to the
memorial of the transferring conveyance a statement that the memorial shall serve in lieu
of a new CPT in favor of the grantee or grantees noted in it and may refrain from canceling
the CPT until the time it is canceled by a subsequent transfer, and the memorial showing
the transfer of title shall have the same effect as the entry of a new CPT for the land
described in the CPT. The fee for the registration of a conveyance without cancellation of
the CPT shall be the same as the fee prescribed for the entry of a memorial.

Sec. 8.

Minnesota Statutes 2006, section 524.2-702, is amended to read:


524.2-702 REQUIREMENT OF SURVIVAL FOR 120 HOURS FOR
DEVISEES, BENEFICIARIES OF CERTAIN TRUSTS, AND APPOINTEES OF
CERTAIN POWERS OF APPOINTMENT; SIMULTANEOUS DEATH ACT FOR
OTHER CASES.

(a) Requirement of survival for 120 hours. A beneficiary of a trust in which
the grantor has reserved a power to alter, amend, revoke, or terminate the provisions of
the trust who fails to survive the grantor by 120 hours, a devisee who fails to survive
the testator by 120 hours, new text begina beneficiary named in a transfer on death deed under
section 507.071 who fails to survive by 120 hours the grantor owner upon whose death
the conveyance to the beneficiary becomes effective,
new text endor an appointee of a power of
appointment taking effect at the death of the holder of the power who fails to survive the
holder of the power by 120 hours is deemed to have predeceased the grantor,new text begin grantor
owner
new text end testator, or holder of the power for purposes of determining title to property passing
by the trust instrument, by the testator's will,new text begin by the transfer on death deed,new text end or by the
exercise of the power of appointment.

(b)(1) Title to property in other cases. In cases not governed by section 524.2-104
or paragraph (a), where the title to property or the devolution thereof depends upon
priority of death and there is no sufficient evidence that the persons have died otherwise
than simultaneously, the property of each person shall be disposed of as if the person had
survived, except as provided otherwise in this paragraph.

(2) Division of property. Where two or more beneficiaries are designated to take
successively by reason of survivorship under another person's disposition of property
and there is no sufficient evidence that these beneficiaries have died otherwise than
simultaneously the property thus disposed of shall be divided into as many equal portions
as there are successive beneficiaries and these portions shall be distributed respectively to
those who would have taken in the event that each designated beneficiary had survived.

(3) Division of property. Where there is no sufficient evidence that two joint
tenants or tenants by the entirety have died otherwise than simultaneously the property
so held shall be distributed one-half as if one had survived and one-half as if the other
had survived. If there are more than two joint tenants and all of them have so died the
property thus distributed shall be in the proportion that one bears to the whole number of
joint tenants.

(4) Division of property. Where the insured and the beneficiary in a policy of
life or accident insurance have died and there is no sufficient evidence that they have
died otherwise than simultaneously the proceeds of the policy shall be distributed as if
the insured had survived the beneficiary.

(c) Not retroactive. This section does not apply to the distribution of the property of
a person who has died before it takes effect. Paragraph (a) applies only to persons who
die on or after August 1, 1999.

(d) Application. This section does not apply in the case of wills, trusts, deeds,
contracts of insurance, or documents exercising powers of appointment wherein provision
has been made for distribution of property different from the provisions of this section.
Paragraph (a) does not apply to trusts which are part of a qualified or nonqualified
retirement plan or individual retirement accounts.

Sec. 9. new text beginEFFECTIVE DATE.
new text end

new text begin This article is effective August 1, 2008, and applies to instruments of conveyance of
real property recorded on or after that date, regardless of an instrument's date of execution.
new text end

ARTICLE 2

MISCELLANEOUS

Section 1.

Minnesota Statutes 2007 Supplement, section 507.24, subdivision 2, is
amended to read:


Subd. 2.

Original signatures required.

(a) Unless otherwise provided by law, an
instrument affecting real estate that is to be recorded as provided in this section or other
applicable law must contain the original signatures of the parties who execute it and of the
notary public or other officer taking an acknowledgment. However, a financing statement
that is recorded as a filing pursuant to section 336.9-502(b) need not contain: (1) the
signatures of the debtor or the secured party; or (2) an acknowledgment.new text begin An instrument
acknowledged in a representative capacity as defined in section 358.41 on behalf of a
corporation, partnership, limited liability company, or trust that is otherwise entitled to
be recorded shall be recorded if the acknowledgment made in a representative capacity
is substantially in the form prescribed in chapter 358, without further inquiry into the
authority of the person making the acknowledgment.
new text end

(b)(1) Any electronic instruments, including signatures and seals, affecting real
estate may only be recorded as part of a pilot project for the electronic filing of real
estate documents implemented by the task force created in Laws 2000, chapter 391, or
by the Electronic Real Estate Recording Task Force created under section 507.094. The
Electronic Real Estate Recording Task Force created under section 507.094 may amend
standards set by the task force created in Laws 2000, chapter 391, and may set new or
additional standards and establish pilot projects to the full extent permitted in section
507.094, subdivision 2, paragraph (b). Documents recorded in conformity with those
standards and in those pilot projects are deemed to meet the requirements of this section.

(2)(i) A county that participated in the pilot project for the electronic filing of real
estate documents under the task force created in Laws 2000, chapter 391, may continue to
record or file documents electronically, if:

(A) the county complies with standards adopted by the task force; and

(B) the county uses software that was validated by the task force.

(ii) A county that did not participate in the pilot project may record or file a real
estate document electronically, if:

(A) the document to be recorded or filed is of a type included in the pilot project
for the electronic filing of real estate documents under the task force created in Laws
2000, chapter 391;

(B) the county complies with the standards adopted by the task force;

(C) the county uses software that was validated by the task force; and

(D) the task force created under section 507.094, votes to accept a written
certification of compliance with paragraph (b), clause (2), of this section by the county
board and county recorder of the county to implement electronic filing under this section.

(c) Notices filed pursuant to section 168A.141, subdivisions 1 and 3, need not
contain an acknowledgment.

Sec. 2.

Minnesota Statutes 2006, section 508.02, is amended to read:


508.02 REGISTERED LAND; SAME INCIDENTS AS UNREGISTERED;
NO ADVERSE POSSESSION.

Registered land shall be subject to the same burdens and incidents which attach by
law to unregistered land. This chapter shall not operate to relieve registered land or the
owners thereof from any rights, duties, or obligations incident to or growing out of the
marriage relation, or from liability to attachment on mesne process, or levy on execution,
or from liability to any lien or charge of any description, created or established by law
upon the land or the buildings situated thereon, or the interest of the owner in such land
or buildings. It shall not operate to change the laws of descent or the rights of partition
between cotenants, or the right to take the land by eminent domain. It shall not operate to
relieve such land from liability to be taken or recovered by any assignee or receiver under
any provision of law relative thereto, and shall not operate to change or affect any other
rights, burdens, liabilities, or obligations created by law and applicable to unregistered
land except as otherwise expressly provided herein. No title to registered land in
derogation of that of the registered owner shall be acquired by prescription or by adverse
possessiondeleted text begin.deleted text endnew text begin, but the common law doctrine of practical location of boundaries applies
to registered land whenever registered. Section 508.671 shall apply in a proceedings
subsequent to establish a boundary by practical location for registered land.
new text end

Sec. 3.

Minnesota Statutes 2006, section 508.48, is amended to read:


508.48 INSTRUMENTS AFFECTING TITLE FILED WITH REGISTRAR;
NOTICE.

new text begin (a) new text endEvery conveyance, lien, attachment, order, decree, or judgment, or other
instrument or proceeding, which would affect the title to unregistered land under existing
laws, if recorded, or filed with the county recorder, shall, in like manner, affect the title to
registered land if filed and registered with the registrar in the county where the real estate
is situated, and shall be notice to all persons from the time of such registering or filing
of the interests therein created. Neither the reference in a registered instrument to an
unregistered instrument or interest nor the joinder in a registered instrument by a party or
parties with no registered interest shall constitute notice, either actual or constructive, of
an unregistered interest.

new text begin (b) An instrument acknowledged in a representative capacity as defined in section
358.41 on behalf of a corporation, partnership, limited liability company, or trust that is
otherwise entitled to be recorded shall be recorded if the acknowledgment made in a
representative capacity is substantially in the form prescribed in chapter 358, without
further inquiry into the authority of the person making the acknowledgment.
new text end

Sec. 4.

Minnesota Statutes 2006, section 508.671, subdivision 1, is amended to read:


Subdivision 1.

Petition.

An owner of registered land new text beginhaving 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
new text endmay apply by a duly verified petition
to the court to have all or some of thenew text begin commonnew text end boundary lines judicially determined. 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.

Sec. 5.

Minnesota Statutes 2006, section 508A.02, subdivision 1, is amended to read:


Subdivision 1.

Effect of registration.

Land registered under sections 508A.01 to
508A.85 shall be registered subject to the rights of persons in possession, if any, and rights
which would be disclosed by a survey, except that no title in derogation of that of the
registered owner shall be acquired by prescription or adverse possession after the date
of the first CPT; otherwise, land registered under sections 508A.01 to 508A.85 shall be
subject to the same rights, protections, burdens, and incidents which attach by law to
lands as provided in section 508.02. new text beginThe common law doctrine of practical location of
boundaries applies to property registered under sections 508A.01 to 508A.85 whenever
registered. Section 508.671 shall apply in a proceedings subsequent to establish a
boundary by practical location for property registered under sections 508A.01 to 508A.85.
new text end

Sec. 6.

Minnesota Statutes 2006, section 508A.48, is amended to read:


508A.48 FILED INSTRUMENT AFFECTING TITLE IS NOTICE.

new text begin (a) new text endEvery conveyance, lien, attachment, order, decree, or judgment, or other
instrument or proceeding, which would affect the title to unregistered land under existing
laws, if recorded, or filed with the county recorder, shall, in like manner, affect the title to
land registered under sections 508A.01 to 508A.85 if filed and registered with the registrar
in the county where the real estate is situated, and shall be notice to all persons from the
time of the registering or filing of the interests therein created. Neither the reference
in a registered instrument to an unregistered instrument or interest nor the joinder in
a registered instrument by a party or parties with no registered interest shall constitute
notice, either actual or constructive, of an unregistered interest.

new text begin (b) An instrument acknowledged in a representative capacity as defined in section
358.41 on behalf of a corporation, partnership, limited liability company, or trust that is
otherwise entitled to be recorded shall be recorded if the acknowledgment made in a
representative capacity is substantially in the form prescribed in chapter 358, without
further inquiry into the authority of the person making the acknowledgment.
new text end

Sec. 7.

Minnesota Statutes 2006, section 557.02, is amended to read:


557.02 NOTICE OF LIS PENDENS.

In all actions in which the title to, or any interest in or lien upon, real property is
involved or affected, or is brought in question by either party, any party thereto, at the time
of filing the complaint, or at any time thereafter during the pendency of such action, may
file for record with the county recorder of each county in which any part of the premises
lies a notice of the pendency of the action, containing the names of the parties, the object
of the action, and a description of the real property in such county involved, affected or
brought in question thereby. From the time of the filing of such notice, and from such time
only, the pendency of the action shall be notice to purchasers and encumbrancers of the
rights and equities of the party filing the same to the premises. When any pleading is
amended in such action, so as to alter the description of, or to extend the claim against,
the premises affected, a new notice may be filed, with like effect. Such notice shall be
recorded deleted text beginin the same book anddeleted text end in the same manner in which mortgages are recorded, and
may be discharged deleted text beginby an entry to that effect in the margin of the record by the party filing
the same, or the party's attorney, in the presence of the recorder, or
deleted text end by writing executed
and acknowledged in the manner of conveyancedeleted text begin, whereupon the recorder shall enter a
minute thereof on the margin of such record
deleted text end. The filing of such lis pendens at the time
of filing the complaint and before the commencement of the action shall have no force,
effect, or validity against the premises described in the lis pendens, unless the filing of the
complaint is followed by the service of the summons in the action within 90 days after the
filing of the complaint therein. Any party claiming any title or interest in or to the real
property involved or affected may on such notice as the court shall in each case prescribe,
make application to the district court in the county in which the action is pending or in
which the real property involved or affected is situated, for an order discharging the lis
pendens of record, when any such action has not been brought on for trial within two years
after the filing of the lis pendens and in case the court orders the lis pendens discharged
of record upon the filing of a certified copy of the order of the court in the office of the
county recorder, where the real property is situated, the lis pendens shall be void and of
no force nor effect.

Sec. 8. new text beginEFFECTIVE DATE.
new text end

new text begin (a) Sections 1, 3, and 6 are effective the day following final enactment, and apply
to documents acknowledged before, on, or after that date.
new text end

new text begin (b) Sections 2, 4, and 5 are effective August 1, 2008, and apply to land registered
under Minnesota Statutes, chapter 508 or 508A, whenever registered.
new text end