Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                         CHAPTER 92--H.F.No. 325
           An act relating to real property; revising and 
          clarifying certain provisions relating to the 
          registration of real property; amending Minnesota 
          Statutes 1982, sections 508.03; 508.06; 508.08; 
          508.16, subdivision 2; 508.22; 508.23, by adding a 
          subdivision; 508.24, subdivision 2; 508.25; 508.35; 
          508.36; 508.47, subdivision 6; 508.48; 508.49; 508.50; 
          508.55; 508.60; 508.62; 508.65; 508.71; 508.82; 
          508A.01, subdivision 1; 508A.06; 508A.17, subdivision 
          1; 508A.25; 508A.35; 508A.47, subdivision 6; 508A.48; 
          508A.49; 508A.50; 508A.55; 508A.62; 508A.65; 508A.71; 
          508A.82; proposing new law coded in Minnesota 
          Statutes, chapters 508 and 508A; repealing Minnesota 
          Statutes, sections 508.41; 508.42; 508A.41; and 
          508A.42. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 508.03, is 
amended to read: 
     508.03 [APPLICATION.] 
    An application for registration may be made by any of the 
following persons: 
    (1) The person or persons who singly or collectively own 
the land; tenants in common shall join in the application; 
    (2) The person or persons who singly or collectively have 
the power of disposing of the land; 
    (3) Infants and other persons under disability, by their 
guardian duly appointed by the proper court in this state; 
    (4) A corporation, by its proper officer, or by an agent 
duly authorized by the board of directors; 
    (5) Any executor, administrator or personal representative 
duly appointed by the proper court in this state; 
    (6) A municipal corporation, by its mayor and city clerk, 
in the case of a city, after a resolution passed by its city 
council so directing, and by the county auditor and chairman of 
the county board, in the case of a county, after a resolution 
passed by its county board so directing; 
    (7) Any person may make application when, for at least 15 
years, the land has been in the adverse possession of the 
applicant or those through whom he claims title; 
    (8) A partnership by one or more of its general partners; 
     (9) The state of Minnesota, by the county auditor and 
chairman of the county board of the county in which the land is 
located, at the direction of the county board of such county, in 
the case of lands forfeited to the state for taxes, and held by 
it in trust for its taxing districts, or otherwise.  
    This provision is in addition to all other laws by which 
the state may register the title to land. 
    Sec. 2.  Minnesota Statutes 1982, 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, age, and residence 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 
residence of the person so acting, and the capacity in which he 
acts; 
    (2) Whether the applicant is or is not married and, if 
married, the full name and residence of the husband or wife; it 
shall state that whether or not the applicant is under no 
disability any legal disability, and if so, the nature of the 
disability; 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, together with the 
estimated market value of the fee simple interest therein, 
exclusive of improvements, according to the last official 
assessment; 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) 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 thereof 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 such 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 it, and the name and post office address of each 
holder thereof of it; 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 such the minor and that a duly certified copy 
of the letters of guardianship has been recorded with the county 
recorder in the county wherein in which the land is situated; 
    (9) When the place of residence of any person whose 
residence is required to be given is unknown to the applicant, 
it may be so stated in the application and also that, after due 
and diligent search, the applicant has been unable to ascertain 
the same it; 
    (10) If it is desired to fix and establish the boundary 
lines of the land, the full names and post office addresses of 
all owners of adjoining lands which are in any manner affected 
thereby 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 the 
same it, may assent in writing to the its registration thereof 
, and.  The person thus assenting need not be named as a 
defendant in the registration proceeding or, if already named as 
a defendant therein in it, need not be served with the summons 
therein in it.  Such 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 clerk of the court. 
     Sec. 3.  Minnesota Statutes 1982, section 508.08, is 
amended to read: 
    508.08 [APPLICATION, CONTENTS.] 
    Any number of adjoining tracts of land in the same county 
and owned by the same person and in the same right, or any 
number of tracts of land in the same county having the same 
chain of title, and belonging to the same person, may be 
included in one application.  When approved by the examiner of 
titles and ordered by the district court on petition of the 
applicant or applicants, non-adjoining tracts of land owned by 
the same person or persons in the same right having different 
chains of title may be included in one application.  
    Sec. 4.  Minnesota Statutes 1982, section 508.16, 
subdivision 2, is amended to read: 
    Subd. 2.  [JURISDICTION.] When the summons has been served, 
as herein provided, the court shall be deemed to have acquired 
acquires jurisdiction of the subject matter of the proceeding, 
and of all persons who have, or may have, any right, title, 
interest, or estate in the real estate described in the 
application, or any lien or charge upon or against the same it.  
By the phrase in the summons "all other persons or parties 
unknown claiming any right, title, estate, lien, or interest in 
the real estate described in the application herein," all the 
world are made parties defendant, and shall be bound and 
concluded by the decree.  Any person claiming any right, title, 
estate, or interest in or lien upon the land who has been served 
shall be bound by the decree without regard to the nature of the 
right, title, estate, or interest in or lien upon the land 
asserted by the person or described in the application, report 
of the examiner, summons, or otherwise, it being the public 
policy of the state of Minnesota to give effect to the decree of 
registration as set forth in section 508.22 as to any such 
person.  
     Sec. 5.  Minnesota Statutes 1982, section 508.22, is 
amended to read: 
    508.22 [DECREE OF REGISTRATION; EFFECT.] 
    If, after hearing, the court finds the applicant has a 
title proper for registration, whether as stated in his 
application or otherwise, it shall make and file its decree 
therein, confirming the title of the applicant and ordering the 
its registration thereof.  Except as herein otherwise provided, 
every decree of registration shall bind the land described 
therein in it, forever quiet the title thereto to it, and be 
forever binding and conclusive upon all persons, regardless of 
whether they were mentioned in the application or in the report 
of the examiner or whether they possessed an interest in the 
land not referred to in the application or in the report of the 
examiner, whether they were mentioned by name in the summons, or 
included in the phrase, "all other persons or parties unknown 
claiming any right, title, estate, lien, or interest in the real 
estate described in the application herein," and such.  The 
decree shall not be opened, vacated, or set aside by reason of 
the absence, infancy, or other disability of any person affected 
thereby by it, nor by any proceeding at law or in equity for 
opening, vacating, setting aside, or reversing judgments and 
decrees, except as herein especially provided.  The decree shall 
forever determine, bind, and conclude all the right, title, 
interest, estate, or lien in the land described therein in it of 
the husband or wife of any defendant acquired or growing out of 
the marriage relation in like manner as if such as though the 
husband or wife had been expressly named in the decree.  
     Sec. 6.  Minnesota Statutes 1982, section 508.23, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [JUDICIAL DETERMINATION OF BOUNDARIES.] If one 
or more boundary lines are judicially determined, the land 
description in the decree of registration shall make reference 
to that fact and to the location of the judicial landmarks that 
mark the boundary lines.  When any of the boundary lines are 
registered, the clerk also shall file with the registrar a 
certified copy of the plat of the survey which contains a 
certification by a registered land surveyor that the boundaries 
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 issued for the land registered by the 
decree.  If any of the adjoining lands are registered, the 
decree of registration shall direct the registrar of titles to 
show by memorial upon the certificates of title for the 
adjoining lands which of the boundary lines of these lands have 
been determined in the district court case.  
     Sec. 7.  Minnesota Statutes 1982, section 508.24, 
subdivision 2, is amended to read: 
    Subd. 2.  [PETITION; NONMETROPOLITAN COUNTIES.] The 
registered owner of land in counties not containing a city of 
the first class may apply by verified petition to the district 
court of the county wherein the land is situated for its 
withdrawal of the same from registration, which.  The 
application shall be heard by such the district court on not 
less than 20 days' written notice to all persons appearing of 
record or known to the petitioner to have or claim an interest 
in the property, which.  The notice shall be served in the 
manner provided by law for the service of a summons in a civil 
action in the district court unless otherwise specified by the 
court.  At such the hearing any person interested in any manner 
in such the land or who may be affected by its withdrawal from 
registration, may appear and be heard in favor of or in 
opposition to such the application.  After hearing the court may 
order that the land be withdrawn from registration, subject to 
encumbrances, liens, and other incidents of title then existing, 
and if so ordered shall require that a certified copy of such 
the order, a certified copy of the original decree of 
registration, the owner's duplicate certificate of title, and 
certified copies of all undischarged instruments memorialized on 
the certificate of title, be recorded in the office of the 
county recorder at the expense of the petitioner.  In its order 
the court shall reconcile any differences in description of the 
land as originally registered and as described in the last 
certificate of title.  Upon the recording of such the 
instruments and upon filing a certified copy of such the order 
in the office of the registrar of titles, and surrender to him 
of the duplicates of the last certificate of title, the land 
shall be withdrawn from registration and thereupon shall become 
unregistered property.  
     Sec. 8.  Minnesota Statutes 1982, 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 the same it 
free from all encumbrances and adverse claims, excepting only 
such 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 the same 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 
for which the land has not been sold at the date of the 
certificate of title; 
    (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) Such The right of appeal, or right to appear and 
contest the application, 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;  
    (7) Liens or judgments, notwithstanding section 508.63, 
arising under the laws of this state for the nonpayment of any 
tax administered by the commissioner of revenue Any outstanding 
mechanics lien rights which may exist under sections 514.01 to 
514.17.  
     Sec. 9.  Minnesota Statutes 1982, section 508.35, is 
amended to read: 
     508.35 [FORM OF CERTIFICATE.] 
     The certificate of title shall contain the name and 
residence of the owner, a description of the land, and of the 
estate of the owner therein, and shall by memorial contain a 
description of all encumbrances, liens, and interests in which 
the estate of the owner is subject.  It shall state his age and, 
if under disability, the nature thereof of it.  It shall also 
state whether or not the owner is married and, if married, the 
name of the husband or wife.  In case the land is held in trust 
or subject to any condition or limitation, it shall state the 
nature and character thereof of it.  It shall be substantially 
in the following form: 

                          CERTIFICATE OF TITLE 
    First certificate of title, pursuant to the order of the 
district court, ............... judicial district, county of 
................., and state of Minnesota, date................, 
19..... 

                              REGISTRATION 
  State of Minnesota               )                      
                                   )  ss.                 
  County of ....................   )                      
    This is to certify that ..............., of the 
.................... of ...................., county of 
...................., and state of ...................., is now 
the owner of an estate, to-wit, ......................... of and 
in the following described land situated in the county of 
............... and state of Minnesota, to-wit, 
.........................  
    Subject to the encumbrances, liens, and interest noted by 
the memorial underwritten or endorsed hereon; and subject to the 
following rights or encumbrances subsisting, as provided in Laws 
1905, chapter 305, section 24, namely: 
    (1) Liens, claims, or rights arising under the laws or the 
Constitution of the United States, which the statutes of this 
state cannot require to appear of record; 
    (2) Any real property tax or special assessment for which a 
sale of the land has not been had at the date of the certificate 
of title; 
    (3) Any lease for a period not exceeding three years, when 
there is actual occupation of the premises under the lease; 
    (4) All rights in public highways upon the land; 
    (5) Such right of appeal or right to appear and contest the 
application as is allowed by law; 
    (6) The rights of any person in possession under deed or 
contract for deed from the owner of the certificate of title;  
     (7) Any outstanding mechanics lien rights which may exist 
under sections 514.01 to 514.17. 
    That the said ................................ is of the 
age of ............. years, is ................. married 
....................., and is under 
............................... disability.  
    In witness whereof, I have hereunto subscribed my name and 
affixed the seal of my office, this ............... day of 
..........., 19........  
    .............................................  
    Registrar of Titles, in and for the county of 
    ..................... and State of Minnesota.  
    All certificates issued subsequent to the first certificate 
of title shall be in like form except that they shall be 
entitled "Transfer from number (here give the number of the next 
previous certificate relating to the same land)," and shall also 
contain the words "Originally registered (date, volume, and page 
of registration)."  
    Sec. 10.  Minnesota Statutes 1982, section 508.36, is 
amended to read: 
    508.36 [CERTIFICATES AND COPIES AS EVIDENCE.] 
    The original certificate of title in the registrar of 
titles, any copy thereof of it duly certified by the registrar, 
or by his deputy, and authenticated by his seal, and likewise 
the owner's duplicate certificate of title shall be received in 
evidence in all the courts of this state and be conclusive 
evidence of all matters and things contained therein in it.  In 
case of variance between the owner's duplicate certificate and 
the original certificate of title, the original certificate 
shall prevail.  Deeds, mortgages, leases, or other conveyances 
of real estate, or letters of attorney authorizing the same, and 
all instruments in any manner affecting the title to registered 
land, together with any notations, endorsements, or memorials 
upon the same made by the registrar of titles, as required by 
law, heretofore or hereafter filed with the registrar, shall be 
received in evidence in all the courts of this state, without 
further or other proof, and be prima facie evidence of the 
contents thereof of it.  Duly authenticated copies of these 
instruments, or any of them, may likewise be received in 
evidence in any court in this state with like force and effect 
as the original instruments. 
    Sec. 11.  [508.421] [SURRENDER OF DUPLICATE; EXCHANGE 
CERTIFICATE.] 
    Subdivision 1.  [SURRENDER; REISSUANCE.] The owner or 
owners of registered land may surrender their owners' duplicate 
certificate of title and the registrar of titles may then issue 
to them a new certificate of title free from the memorials of 
all interests which have terminated.  
    Subd. 2.  [MULTIPLE PARCELS OR INTERESTS.] The owner or 
owners of registered land holding (1) one certificate of title 
for two or more parcels of land or (2) one certificate for 
undivided interests in one or more parcels of land may surrender 
the owner's duplicate certificate of title for the land and 
thereupon the registrar may issue separate certificates of title 
to each owner or for each parcel or any combination thereof as 
may be desired consistent with their registered interests, 
provided a registered land survey is not required by section 
508.47.  When the registrar of titles has issued more than one 
certificate of title to one or more owners for one or more 
parcels of land, the owner or owners may surrender the owner's 
duplicate certificates of title for the land and thereupon the 
registrar may issue a single certificate of title for all of the 
land to the owner or owners of the land, or the registrar may 
issue two or more certificates to the owner or owners of the 
land or for each parcel or any combination thereof as may be 
desired consistent with their registered interests, provided a 
registered land survey is not required by section 508.47. 
    Subd. 3.  [EXCHANGE CERTIFICATE DESIGNATION.] A certificate 
of title issued pursuant to this section shall be known as an 
exchange certificate.  
    Sec. 12.  Minnesota Statutes 1982, section 508.47, 
subdivision 6, is amended to read: 
    Subd. 6.  [NOT TO CHANGE TAX CLASSIFICATION.] Nothing in 
this section shall operate to change the tax classification of 
the lands in the registered land survey or otherwise in any way 
affect said the land.  The purpose of this section is to 
simplify the description and designation of the registered land 
in connection with the its transfer thereof for taxation.  Land 
conveyed by reference to a registered land survey shall be 
deemed to be conveyed by metes and bounds. 
     Sec. 13.  Minnesota Statutes 1982, section 508.48, is 
amended to read: 
    508.48 [INSTRUMENTS AFFECTING TITLE FILED WITH REGISTRAR; 
NOTICE.] 
    Every 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. 
     Sec. 14.  Minnesota Statutes 1982, section 508.49, is 
amended to read: 
    508.49 [INTEREST LESS THAN FEE; NOTICED BY MEMORIAL.] 
    No new certificate shall be issued upon any transfer of 
registered land which does not divest the title in fee simple of 
the land, or some part thereof of it.  All interests in 
registered land, less than an estate in fee simple, shall be 
registered by filing with the registrar the instrument which 
creates, transfers, or claims such the interest, and by brief 
memorandum or memorial thereof of it made and signed by the 
registrar upon the certificate of title.  A similar memorandum 
shall also be made on the owner's duplicate if practicable so to 
do.  The cancelation of such the interests shall be registered 
in the same manner.  
     Sec. 15.  Minnesota Statutes 1982, section 508.50, is 
amended to read: 
    508.50 [INSTRUMENTS TO HAVE NAME AND ADDRESS.] 
    Every deed or other voluntary instrument which is presented 
for registration shall contain or have endorsed upon it the full 
name and post office address of the grantee, or other person, 
who acquires or claims an interest under such the instrument.  
Any change in the post office address of such person shall be 
endorsed by the registrar upon the original instrument upon 
receiving a duly verified statement of such change.  All names 
and addresses shall also be entered upon the certificates of 
title.  Any change in the post office address of the person 
shall be memorialized on the certificate of title upon the 
filing of an affidavit from the person of the change. 
     Sec. 16.  Minnesota Statutes 1982, section 508.55, is 
amended to read: 
    508.55 [REGISTRATION OF MORTGAGE; MEMORIAL ENTERED ON 
CERTIFICATE.] 
    The registration of a mortgage shall be made in the 
following manner:  The owner's duplicate certificate shall be 
presented to the registrar, together with the mortgage deed, or 
other instrument to be registered, and the registrar shall enter 
upon the original certificate of title and also upon the owner's 
duplicate certificate a memorial of the purport of the 
instrument registered, the exact time of filing, and the its 
file number of same.  He shall also note upon the registered 
instrument the time of filing and a reference to the volume and 
page where it is registered.  The registrar shall also, at the 
request of the mortgagee or his assignee, make and deliver to 
him a duplicate certificate of title like the owner's duplicate 
certificate, except that the words "Mortgagee's Duplicate" shall 
be written or printed diagonally across its face in large 
letters.  A memorandum of the issuance of the mortgagee's 
duplicate shall be made upon the original certificate of title.  
     Sec. 17.  Minnesota Statutes 1982, section 508.60, is 
amended to read: 
    508.60 [LEASES.] 
    Leases of registered land for a term of three years or more 
shall be registered in lieu of recording the same.  All the 
provisions of this chapter relating to the registration of 
mortgages shall apply to the registration of leases so far as 
the same they are applicable thereto to them.  
     Sec. 18.  Minnesota Statutes 1982, section 508.62, is 
amended to read: 
    508.62 [TRUSTEE'S CONVEYANCE.] 
    No instrument, executed by a trustee of registered land 
held an owner whose fee title to registered land is held in 
trust, which transfers, mortgages, leases, or in any manner 
affects such the land, shall be registered except upon the 
written certification of the examiner of titles that such the 
instrument is executed in accordance with a power conferred in 
the instrument of trust or is authorized by law, or upon the 
order of the district court directing the its registration 
thereof.  The examiner shall not certify any such instrument 
unless the trust is administered by the court or unless the 
document creating the trust, or a certified copy thereof of it, 
is registered as a memorial upon the certificate of title.  The 
certified copy of the certificate setting forth the adoption of 
the resolution for voluntary dissolution of a corporate 
registered owner together with the certificate of the secretary 
of state that said certificate of dissolution has been filed for 
record in his office shall be deemed the document creating the 
trust.  
     Sec. 19.  Minnesota Statutes 1982, section 508.65, is 
amended to read: 
    508.65 [PLAINTIFF'S ATTORNEY; NAME AND ADDRESS ENDORSED; 
NOTICE.] 
    The name and address of the plaintiff's attorney for the 
party giving the notice shall in all cases be endorsed upon the 
instrument which is registered and he shall be deemed to be the 
attorney of the plaintiff until a written notice that he has 
ceased to be such attorney shall have been filed for 
registration by the plaintiff pursuant to section 508.64.  He 
shall be deemed to be the attorney for that party until the 
party files a written notice as a memorial upon the certificate 
of title stating that the designated attorney has ceased to be 
the party's attorney.  
    Sec. 20.  [508.671] [DETERMINATION OF BOUNDARIES.] 
     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.  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 clerk, a copy of it, duly certified by him, 
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 registered 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 clerk 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 clerk 
with the registrar of titles.  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 which of the boundary 
lines of the adjoining lands have been 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. 
     Subd. 3.  [PLAT OF SURVEY TO BE FILED.] The clerk also 
shall file with the registrar of titles a certified copy of the 
plat of the survey which contains a certification by a 
registered 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. 
     Sec. 21.  Minnesota Statutes 1982, section 508.71, is 
amended to read: 
    508.71 [ALTERATIONS ON REGISTER; ORDER OF COURT; DIRECTIVE 
OF EXAMINER; NEW CERTIFICATES.] 
    Subdivision 1.  [ALTERATIONS.] No erasure, alteration, or 
amendment shall be made upon the register of titles after the 
entry of a certificate of title or of any memorial thereon on 
it, and the attestation of the same by the registrar, except by 
order of the court or upon written directive of the examiner of 
titles as otherwise provided in this chapter.  
    Subd. 2.  [COURT ORDER.] A registered owner or other person 
in interest may, at any time, apply by petition to the court, 
upon the ground that (1) registered interests of any 
description, whether vested, contingent, expectant, or inchoate, 
have terminated and ceased; or that (2) new interests have 
arisen or been created which do not appear upon the certificate; 
or that (3) any error or omission was made in entering a 
certificate or any memorial thereon, or on any duplicate 
certificate; or that (4) the name of any person on the 
certificate has been changed; or that (5) the registered owner 
has married, or, if registered as married, that the marriage has 
been terminated; or that (6) a corporation which owned 
registered land and has been dissolved has not conveyed the same 
it within three years after its dissolution; or (7), upon any 
other reasonable ground; and, that any other alteration or 
adjudication should be made.  The court may hear and determine 
the petition after notice given to all parties in interest, and 
as determined by the examiner of titles, by a summons issued in 
the form and served in the manner as in initial applications or 
by an order to show cause, as the court may deem appropriate. 
After notice has been given as ordered, the court may order the 
entry of a new certificate, the entry, amendment, or 
cancellation of a memorial upon a certificate, or grant any 
other relief upon such the terms, requiring security if 
necessary, as it may consider proper; but.  The provisions of 
this section shall not give the court authority to open the 
original decree of registration, and nothing shall be done or 
ordered by the court which shall impair the title or other 
interest of a purchaser who holds a certificate for value and in 
good faith, or of his heirs or assigns without his or their 
written consent.  A certified copy of the petition may be filed 
as a memorial on any appropriate certificate of title which 
shall be notice forever to purchasers and encumbrancers of the 
pendency of the proceeding and all matters referred to in the 
court files and records pertaining to the proceeding.  
    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 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.  The 
registrar of titles may register the directives of the examiner 
of titles upon the certificates of title, and he shall give full 
faith to such the directives.  
    Subd. 4.  [REGISTRATION OF MEMORIALS.] Without order of 
court or directive of the examiner, the registrar of titles may 
receive and register as memorials upon any certificate of title 
to which they pertain, the following instruments;:  receipt or 
certificate of county treasurer showing redemption from any tax 
sale or payment of any tax described in a certificate of title, 
a certified copy of a marriage certificate showing the 
subsequent marriage of any owner shown by a certificate of title 
to be unmarried, a certified copy of a final decree of divorce 
or dissolution of a marriage entered in the state of Minnesota, 
or in any state, territory or possession of the United States, 
or the District of Columbia to establish the dissolution of a 
marriage relationship of any party shown on the certificate to 
be married, and a certified copy of the death certificate of 
party listed in any certificate of title as being the spouse of 
the registered owner when accompanied by an affidavit 
satisfactory to the registrar identifying the decedent with said 
the spouse; and.  In all subsequent dealings with the land 
covered by such the certificates, the registrar shall give full 
faith to these memorials.  
    Subd. 5.  [SURVIVORSHIP.] In case of a certificate of title 
outstanding to two or more owners as joint tenants, upon the 
filing for registration of a certificate of death of one of the 
joint tenants together with and an affidavit of survivorship, 
and, for deaths occurring prior to January 1, 1980, an affidavit 
of survivorship duly certified by the commissioner of revenue, 
or an affidavit of survivorship for exempt homestead property in 
compliance with the provisions of section 291.14, subdivision 2, 
clause (4), and upon the surrender of the owner's duplicate 
certificate of title, the registrar without such the order or 
directive shall issue a new certificate of title for the 
premises to the survivor in severalty or to the survivors in 
joint tenancy as the case may be.  
    Subd. 6.  [RECORDED INSTRUMENTS.] When instruments 
affecting registered land have been recorded in the office of 
any county recorder in this state, a certified copy thereof may 
be filed for registration and registered with like effect as the 
original instrument without such the order or directive.  The 
owner's, mortgagee's, or lessee's duplicate certificate of title 
shall be presented to the registrar, together with the certified 
copy, whenever such the presentation is required by statute for 
registration of the original instrument. 
    Sec. 22.  Minnesota Statutes 1982, section 508.82, is 
amended to read: 
    508.82 [REGISTRAR'S FEES.] 
    The fees to be paid to the registrar shall be as follows; 
    (1) In addition to other fees provided herein, for the 
entry of each memorial upon a certificate of title, fifty cents, 
which shall be paid to the state treasurer and credited to the 
real estate assurance account; 
    (2) For registering each original certificate of title, and 
issuing a duplicate thereof of it, $10; 
    (3) For registering each transfer, including the filing of 
all instruments connected therewith with it, and the issuance 
and registration of the new certificate of title, $10; 
    (4) For the entry of each memorial on the register, or the 
cancellation thereof, including the filing of all instruments 
and papers connected therewith with it and endorsements upon 
duplicate certificates, $5; 
    (5) For issuing each mortgagee's or lessee's duplicate, $5; 
    (6) For issuing each residue certificate, $10; 
    (7) For issuing separate certificates and duplicates 
thereof, in exchange for one certificate for two or more 
distinct parcels, for each exchange certificate, $5 exchange 
certificates, $5 for each certificate canceled and $5 for each 
new certificate issued; 
     (8) For each certificate showing condition of the register, 
$5; 
     (9) For any certified copy of any instrument or writing on 
file in his office, the same fees allowed by law to county 
recorders for like services; 
     (10) For a noncertified copy of any instrument or writing 
on file in the office of the registrar of titles, or any 
specified page or part thereof 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 filing two copies of any plat in the office of the 
registrar, $15; 
     (12) For any other service under this chapter, such fee as 
the court shall determine; 
     (13) For issuing a duplicate certificate of title pursuant 
to the directive of the examiner of titles in counties in which 
the compensation of the examiner is paid in the same manner as 
the compensation of other county employees, $50, plus $5 to 
memorialize; 
     (14) For issuing a duplicate certificate of title pursuant 
to the directive of the examiner of titles in counties in which 
the compensation of the examiner is not paid by the county or 
pursuant to an order of the court, $5; 
    (15) For filing a condominium floor plan or an amendment to 
it in accordance with section 515.13 chapter 515, $15; 
    (16) For a copy of a condominium floor plan filed pursuant 
to section 515.13 chapters 515 and 515A, the fee shall be $1 for 
each page of the floor plan with a minimum fee of $10;  
    (17) For filing a condominium declaration and floor plans 
or an amendment to it in accordance with chapter 515A, $5 for 
each certificate upon which the document is registered and $15 
for the filing of the floor plans or an amendment thereto; 
     (18) For the filing of a certified copy of a plat of the 
survey pursuant to section 508.23 or section 20, $10.  
     Sec. 23.  Minnesota Statutes 1982, section 508A.01, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PROCEDURE.] The procedures for 
registration under sections 508A.01 to 508A.85 provide an 
alternative to registration under chapter 508, and are intended 
for uncontested titles.  Upon the written recommendation of the 
county recorder, the county board of county commissioners of any 
county, by resolution, may authorize the possessory title to 
real estate in that county to be registered in accordance with 
the provisions of and in the manner provided in sections 508A.01 
to 508A.85.  The resolution of the county board may limit the 
registration of possessory title to real estate to cases in 
which the applicant owns a tract of land of which a portion has 
already been registered pursuant to chapter 508. 
     Sec. 24.  Minnesota Statutes 1982, section 508A.06, is 
amended to read: 
    508A.06 [CONTENTS OF APPLICATION; RIGHTS AND PRIVILEGES OF 
CLAIMANTS.] 
    The application shall set forth substantially:  
    (1) The full name, age, and residence 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 
residence of the person so acting, and the capacity in which he 
acts;  
    (2) Whether the applicant is or is not married and if 
married, the full name and residence of the husband or wife; it 
shall state that whether or not the applicant is under no 
disability any legal disability, and if so the nature of the 
disability; 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, together with the 
estimated market value of the fee simple interest in it, 
exclusive of improvements, according to the last official 
assessment;  
    (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 the place of residence of any person whose 
residence is required to be given is unknown to the applicant, 
it shall be so stated in the application and also that, after 
due and diligent search, the applicant has been unable to 
ascertain it;  
    (10) The facts supporting applicant's claim to a possessory 
estate in land as defined in section 508A.01, subdivision 3.  
     Sec. 25.  Minnesota Statutes 1982, section 508A.17, 
subdivision 1, is amended to read: 
    Subdivision 1.  [LIMITATION.] As against a title to land 
registered under a CPT which has been entered and maintained by 
the registrar under sections 508A.01 to 508A.85, no action 
affecting the possession or title to the land shall be commenced 
by any person, partnership, corporation, state, or political 
subdivision to enforce any right, title, estate, lien, or 
interest founded upon any instrument, event, or transaction 
which was executed or occurred before the entry of the first CPT 
and which is not set out as a separate memorial on the CPT or 
covered by section 508A.25, clauses (1) to (5) and (8) unless 
the action is commenced and a notice of lis pendens of it is 
registered upon the CPT within a period of five years from the 
date the examiner's supplemental directive is filed on the CPT.  
     Sec. 26.  Minnesota Statutes 1982, 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 the memorial provided in section 
508A.351 and 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 
for which the land has not been sold at the date of the CPT;  
    (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 liens, encumbrances, and other interests that may 
be contained in the examiner's supplemental directive issued 
pursuant to section 508A.22, subdivision 2; and 
    (7) Any claims that may be made pursuant to section 508A.17 
within five years from the date the examiner's supplemental 
directive is filed on the CPT; and 
     (8) Any outstanding mechanics lien rights which may exist 
under sections 514.01 to 514.17.  
     Sec. 27.  Minnesota Statutes 1982, section 508A.35, is 
amended to read: 
     508A.35 [FORMS OF CPT.] 
     The CPT shall contain the name and residence of the owner, 
a description of the land and of the estate of the owner, and 
shall by memorial contain a description of all encumbrances, 
liens, and interests known to the owner to which the estate of 
the owner is subject.  It shall state his age and if under 
disability, the nature of it.  It shall also state whether or 
not the owner is married and if married, the name of the husband 
or wife.  In case the land is held in trust or subject to any 
condition or limitation, it shall state the nature and character 
of it.  It shall be in substantially the following form:  

                 CERTIFICATE OF POSSESSORY TITLE (CPT)
     First Certificate of Possessory Title, pursuant to the
Directive of the Examiner of Titles, County of ...........,
and State of Minnesota, date .................., 19...

                    Registration of Possessory Title
State of Minnesota       )
                         )ss
County of ...............)
     This is to certify that ........................, of the 
.................. of ................ County of .............,
and State of ......................, is now the owner of a fee
simple estate, to-wit, ........................................
Subject to the encumbrances, liens, and interests noted by the 
memorial underwritten or endorsed hereon; and subject to the
following rights or encumbrances subsisting, namely:
    (1) Liens, claims, or rights arising under the laws of the 
Constitution of the United States, which the statutes of this 
state cannot require to appear of record; 
    (2) Any real property tax or special assessment for which a 
sale of the land has not been had at the date of the CPT; 
    (3) Any lease for a period not exceeding three years, when 
there is actual occupation of the premises under the lease;  
    (4) All rights in public highways upon the land; 
    (5) The rights, titles, estates, liens, and interests of 
any person who has acquired an interest set forth in the 
Examiner's Supplemental Directive issued pursuant to section 
508A.22, subdivision 2. 
    (6) The rights of any person in possession under deed or 
contract for deed from the owner of the CPT; and 
    (7) Any claims that may be made pursuant to section 508A.17 
within five years from the date the Examiner's Supplemental 
Directive is filed on the CPT; and 
    (8) Any outstanding mechanics lien rights which may exist 
under sections 514.01 to 514.17.  
    In witness whereof, I have hereunto subscribed my name and 
affixed the seal of my office, this ............ day of 
...................., 19... 
...................................
                          Registrar of Titles, in and for the
                          County of ..................... and
                          State of Minnesota.  
    All CPTs issued subsequent to the first shall be in like 
form except that they shall be entitled "Transfer from number 
(here give the number of the next previous CPT relating to the 
same land)," and shall also contain the words "Originally 
registered (date, volume, and page of registration)."  
    CPTs shall be indexed and maintained in the same manner as 
provided for certificates of title under chapter 508.  
    Sec. 28.  [508A.421] [SURRENDER OF DUPLICATE; EXCHANGE 
CPT.] 
    Subdivision 1.  [SURRENDER; REISSUANCE.] The owner or 
owners of registered land may surrender their owners' duplicate 
CPT and the registrar of titles may then issue to them a new CPT 
free from the memorials of all interests which have terminated.  
    Subd. 2.  [MULTIPLE PARCELS OR INTERESTS.] The owner or 
owners of registered land holding (1) one CPT for two or more 
parcels of land or (2) one CPT for undivided interests in one or 
more parcels of land may surrender the owner's duplicate CPT for 
the land and thereupon the registrar may issue separate CPTs to 
each owner or for each parcel or any combination thereof as may 
be desired consistent with their registered interests, provided 
a registered land survey is not required by section 508A.47. 
When the registrar of titles has issued more than one CPT to one 
or more owners for one or more parcels of land, the owner or 
owners may surrender the owner's duplicate CPT for the land and 
thereupon the registrar may issue a single CPT for all of the 
land to the owner or owners of the land, or the registrar may 
issue two or more CPTs to the owner or owners of the land or for 
each parcel or any combination thereof as may be desired 
consistent with their registered interests, provided a 
registered land survey is not required by section 508A.47.  
    Subd. 3.  [EXCHANGE CPT DESIGNATION.] A CPT issued pursuant 
to this section shall be known as an exchange CPT.  
    Sec. 29.  Minnesota Statutes 1982, section 508A.47, 
subdivision 6, is amended to read: 
    Subd. 6.  [NOT TO CHANGE TAX CLASSIFICATION.] Nothing in 
this section shall operate to change the tax classification of 
the lands in the registered land survey or otherwise in any way 
affect the land.  The purpose of this section is to simplify the 
description and designation of the registered land in connection 
with the transfer of it for taxation.  Land conveyed by 
reference to a registered land survey shall be deemed to be 
conveyed by metes and bounds.  
     Sec. 30.  Minnesota Statutes 1982, section 508A.48, is 
amended to read: 
    508A.48 [INSTRUMENTS AFFECTING TITLE FILED WITH REGISTRAR; 
NOTICE.] 
    Every 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.  
     Sec. 31.  Minnesota Statutes 1982, section 508A.49, is 
amended to read: 
    508A.49 [INTEREST LESS THAN FEE; NOTICED BY MEMORIAL.] 
    No new CPT shall be issued upon any transfer of land 
registered under sections 508A.01 to 508A.85 which does not 
divest the title in fee simple of the land, or some part of it.  
All interests in the registered land, less than an estate in fee 
simple, shall be registered by filing with the registrar the 
instrument which creates, transfers, or claims the interest, and 
by brief memorandum or memorial of it made and signed by the 
registrar upon the CPT.  A similar memorandum shall also be made 
on the owner's duplicate if practicable so to do.  The 
cancelation of interests shall be registered in the same manner. 
     Sec. 32.  Minnesota Statutes 1982, section 508A.50, is 
amended to read: 
    508A.50 [INSTRUMENTS TO HAVE NAME AND ADDRESS.] 
    Every deed or other voluntary instrument which is presented 
for registration shall contain or have endorsed upon it the full 
name and post office address of the grantee, or other person, 
who acquires or claims an interest under the instrument.  Any 
change in the post office address of the person shall be 
endorsed by the registrar upon the original instrument upon 
receiving a duly verified statement of the change.  All names 
and addresses shall also be entered upon the CPT.  Any change in 
the post office address of the person shall be memorialized on 
the CPT upon the filing of an affidavit from the person of the 
change. 
     Sec. 33.  Minnesota Statutes 1982, section 508A.55, is 
amended to read: 
    508A.55 [REGISTRATION OF MORTGAGE; MEMORIAL ENTERED ON 
CERTIFICATE.] 
    The registration of a mortgage shall be made in the 
following manner:  The owner's duplicate CPT shall be presented 
to the registrar, together with the mortgage deed, or other 
instrument to be registered, and the registrar shall enter upon 
the original CPT and also upon the owner's duplicate CPT a 
memorial of the purport of the instrument registered, the exact 
time of filing, and its file number.  He shall also note upon 
the registered instrument the time of filing and a reference to 
the volume and page where it is registered.  The registrar shall 
also, at the request of the mortgagee or his assignee, make and 
deliver to him a duplicate CPT like the owner's duplicate CPT, 
except that the words "Mortgagee's Duplicate" shall be written 
or printed diagonally across its face in large letters.  A 
memorandum of the issuance of the mortgagee's duplicate shall be 
made upon the original CPT.  
    Sec. 34.  Minnesota Statutes 1982, section 508A.62, is 
amended to read: 
    508A.62 [TRUSTEE'S CONVEYANCE.] 
    No instrument, executed by a trustee of land an owner, 
whose fee title to land is registered under sections 508A.01 to 
508A.85 and is held in trust, which transfers, mortgages, 
leases, or in any manner affects the land, shall be registered 
except upon the written certification of the examiner of titles 
that the instrument is executed in accordance with a power 
conferred in the instrument of trust or is authorized by law, or 
upon the order of the district court directing the registration 
of it.  The examiner shall not certify any instrument unless the 
trust is administered by the court or unless the document 
creating the trust, or a certified copy thereof, is registered 
as a memorial upon the CPT.  The certified copy of the 
certificate setting forth the adoption of the resolution for 
voluntary dissolution of a corporate registered owner together 
with the certificate of the secretary of state that the 
certificate of dissolution has been filed for record in his 
office shall be deemed the document creating the trust. 
     Sec. 35.  Minnesota Statutes 1982, section 508A.65, is 
amended to read: 
    508A.65 [PLAINTIFF'S ATTORNEY; NAME AND ADDRESS ENDORSED; 
NOTICE.] 
    The name and address of the plaintiff's attorney for the 
party giving the notice shall in all cases be endorsed upon the 
instrument which is registered and he shall be deemed to be the 
attorney of the plaintiff until a written notice that he has 
ceased to be the attorney shall have been filed for registration 
by the plaintiff pursuant to section 508A.64.  He shall be 
deemed to be the attorney for that party until the party files a 
written notice as a memorial upon the CPT stating that the 
designated attorney has ceased to be the party's attorney.  
     Sec. 36.  Minnesota Statutes 1982, section 508A.71, is 
amended to read: 
    508A.71 [ALTERATIONS ON REGISTER; ORDER OF COURT; DIRECTIVE 
OF EXAMINER; NEW CERTIFICATES.] 
    Subdivision 1.  [ERASURES; ALTERATIONS.] No erasure, 
alteration, or amendment shall be made upon the register of 
titles after the entry of a CPT or of any memorial on it, and 
the attestation of the same by the registrar, except by order of 
the court or upon written directive of the examiner of titles 
except as otherwise provided in this chapter.  
    Subd. 2.  [COURT ORDERS.] A registered owner or other 
person in interest may, at any time, apply by petition to the 
court, upon the ground that registered interests of any 
description, whether vested, contingent, expectant, or inchoate, 
have terminated and ceased; or that new interests have arisen or 
been created which do not appear upon the CPT; or that any error 
or omission was made in entering a CPT or any memorial on it, or 
on any duplicate CPT; or that the name of any person on the CPT 
has been changed; or that the registered owner has married, or 
if registered as married, that the marriage has been terminated; 
or that a corporation which owned land registered under sections 
508A.01 to 508A.85 and has been dissolved has not conveyed it 
within three years after its dissolution; or upon any other 
reasonable ground; and that any other alteration or adjudication 
should be made.  The court may hear and determine the petition 
after notice given to all parties in interest, and as determined 
by the examiner of titles, by a summons issued in the form and 
served in the manner as in initial applications pursuant to 
chapter 508 or by an order to show cause, as the court may deem 
appropriate.  After notice has been given as ordered, the court 
may order the entry of a new CPT, the entry, amendment, or 
cancelation of a memorial upon a CPT, or grant any other relief 
upon terms, requiring security if necessary, as it may consider 
proper.  A certified copy of the petition may be filed as a 
memorial on any appropriate CPT which shall be notice forever to 
purchasers and encumbrancers of the pendency of the proceeding 
and all matters referred to in the court files and records 
pertaining to the proceeding.  
    Subd. 3.  [CANCELATION OF MEMORIAL.] At the request of a 
registered owner or other person in interest the examiner of 
titles by a written directive may order the amendment or 
cancelation 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.  The 
registrar of titles shall register the directives of the 
examiner of titles upon the CPTs, and he shall give full faith 
to the directives.  
    Subd. 4.  [POWERS OF REGISTRAR.] Without order of court or 
directive of the examiner the registrar of titles may receive 
and register as memorials upon any CPT to which they pertain, 
the following instruments; receipt or certificate of county 
treasurer showing redemption from any tax sale or payment of any 
tax described in a CPT, a certified copy of a marriage 
certificate showing the subsequent marriage of any owner shown 
by a CPT to be unmarried, a certified copy of a final decree of 
divorce or dissolution of a marriage entered in the state of 
Minnesota, or in any state, territory or possession of the 
United States, or the District of Columbia to establish the 
dissolution of a marriage relationship of any party shown on the 
certificate to be married, a certified copy of the death 
certificate of party listed in any CPT as being the spouse of 
the registered owner when accompanied by an affidavit 
satisfactory to the registrar identifying the decedent with the 
spouse.  In all subsequent dealings with the land covered by 
CPTs the registrar shall give full faith to these memorials.  
    Subd. 5.  [JOINT TENANTS; SURVIVAL.] In case of a CPT 
outstanding to two or more owners as joint tenants, upon the 
filing for registration of a certificate of death of one of the 
joint tenants and an affidavit of survivorship, and for deaths 
occurring prior to January 1, 1980, an affidavit of survivorship 
duly certified by the commissioner of revenue, or an affidavit 
of survivorship for exempt homestead property in compliance with 
the provisions of Minnesota Statutes 1978, Section 291.14, 
Subdivision 2, Clause (4), and upon the surrender of the owner's 
duplicate CPT, the registrar without an order or directive shall 
issue a new CPT for the premises to the survivor in severalty or 
to the survivors in joint tenancy as the case may be.  
    Subd. 6.  [CERTIFIED COPIES OF INSTRUMENTS; FILING.] When 
instruments affecting land registered under sections 508A.01 to 
508A.85 have been recorded in the office of any county recorder 
in this state, a certified copy of it may be filed for 
registration and registered with like effect as the original 
instrument without an order or directive.  The owner's, 
mortgagee's, or lessee's duplicate CPT shall be presented to the 
registrar, together with the certified copy, whenever the 
presentation is required by statute for registration of the 
original instrument. 
     Sec. 37.  Minnesota Statutes 1982, section 508A.82, is 
amended to read: 
    508A.82 [REGISTRAR'S FEES.] 
    The fees to be paid to the registrar shall be as follows:  
    (1) In addition to other fees provided herein, for the 
entry of each memorial upon a CPT, fifty cents, which shall be 
paid to the state treasurer and credited to the real estate 
assurance account;  
    (2) For registering each original CPT, and issuing a 
duplicate of it, $10;  
    (3) For registering each transfer, including the filing of 
all instruments connected with it, and the issuance and 
registration of the new CPT, $10;  
    (4) For the entry of each memorial on the register, or the 
cancelation of it, including the filing of all instruments and 
papers connected with it and endorsements upon duplicate CPTs, 
$5;  
    (5) For issuing each mortgagee's or lessee's duplicate, $5; 
    (6) For issuing each residue CPT, $10;  
    (7) For issuing separate CPTs and duplicates of them, in 
exchange for one CPT for two or more distinct parcels, for each 
exchange CPT, $5 exchange CPTs, $5 for each CPT canceled and $5 
for each new CPT issued;  
    (8) For each CPT showing condition of the register, $5;  
    (9) For any certified copy of any instrument or writing on 
file in his office, the same fees allowed by law to county 
recorders for like services;  
    (10) For a noncertified copy of any instrument or writing 
on file 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) (11) For filing two copies of any plat in the office 
of the registrar, $15;  
    (11) (12) For any other service under sections 508A.01 to 
508A.85, the fee the court shall determine;  
    (12) (13) For issuing a duplicate CPT pursuant to the 
directive of the examiner of titles in counties in which the 
compensation of the examiner is paid in the same manner as the 
compensation of other county employees, $50, plus $5 to 
memorialize;  
    (13) (14) For issuing a duplicate CPT pursuant to the 
directive of the examiner of titles in counties in which the 
compensation of the examiner is not paid by the county or 
pursuant to an order of the court, $5;  
    (14) (15) For filing a condominium floor plan or an 
amendment to it in accordance with chapters chapter 515 and 
515A, $15;  
    (15) (16) For a copy of a condominium floor plan filed 
pursuant to chapters 515 and 515A, the fee shall be $1 for each 
page of the floor plan with a minimum fee of $10;  
    (17) For filing a condominium declaration and floor plans 
or an amendment to it in accordance with chapter 515A, $5 for 
each certificate upon which the document is registered and $15 
for the filing of the floor plans or an amendment to it.  
     Sec. 38.  [REPEALER.] 
     Minnesota Statutes 1982, sections 508.41; 508.42; 508A.41; 
and 508A.42 are repealed. 
    Approved May 9, 1983