Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                         CHAPTER 16-S.F.No. 198 
           An act relating to real property; eliminating the 
          necessity of a court order before requiring registered 
          land surveys; authorizing the use of registered land 
          surveys for multilevel tracts; amending the provisions 
          relating to corporate resolutions of dissolution and 
          to instruments executed by owners whose fee title is 
          held in trust; amending the requirements for joint 
          tenancy clearances; amending Minnesota Statutes 1984, 
          sections 508.47, subdivisions 2 and 4; 508.61, 
          subdivision 3; 508.62; 508.71, subdivision 5; 508A.47, 
          subdivisions 2 and 4; 508A.61, subdivision 3; 508A.62; 
          and 508A.71, subdivision 5.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 508.47, 
subdivision 2, is amended to read: 
    Subd. 2.  [REGISTERED LAND SURVEY, COURT ORDER.] The 
district court for any county, registrar of titles may, by 
general rule or order of the court, require that the owner of a 
parcel of unplatted registered land, who conveys any part 
thereof which is not a full government subdivision, or simple 
fractional or quantity part of a full government subdivision, 
shall first file with the registrar of titles, when so required 
by him, a drawing in triplicate of said parcel of unplatted 
land, showing the tract or tracts being or to be conveyed, which 
drawing shall be known as a "registered land survey." Such 
general rule or order shall be made only after hearing, to be 
held only after a notice of such hearing has been posted in the 
office of the clerk of district court of the county for which 
such rule or order is to be made for three weeks prior to the 
date of such hearing, and in addition thereto only after a 
notice of such hearing has been published once a week for three 
weeks in a legal newspaper of general circulation in said county.
    Sec. 2.  Minnesota Statutes 1984, section 508.47, 
subdivision 4, is amended to read:  
    Subd. 4.  [SURVEY; REQUISITES; FILING; COPIES.] The 
registered land survey shall correctly show the legal 
description of the parcel of unplatted land represented by said 
registered land survey and the outside measurements of the 
parcel of unplatted land and of all tracts delineated therein, 
the direction of all lines of said tracts to be shown by angles 
or bearings or other relationship to the outside lines of said 
registered land survey, and the surveyor shall place stakes 
monuments in the ground at appropriate corners, and all tracts 
shall be lettered consecutively beginning with the letter 
"A".  A registered land survey which delineates multilevel 
tracts shall include a map showing the elevation view of the 
tracts with their upper and lower boundaries defined by 
elevations referenced to National Geodetic Vertical Datum, 1929 
adjustment.  None of said tracts or parts thereof may be 
dedicated to the public by said registered land survey.  Except 
in counties having microfilming capabilities, a reproduction 
copy of the registered land survey shall be delivered to the 
county auditor.  The registered land survey shall be on paper, 
mounted on cloth, shall be a black on white drawing, the scale 
to be not smaller than one inch equals 200 feet, and shall be 
certified to be a correct representation of said parcel of 
unplatted land by a registered surveyor.  The mounted drawing 
shall be exactly 17 inches by 14 inches and not less than 2 1/2 
inches of the 14 inches shall be blank for binding purposes, and 
such survey shall be filed in triplicate with the registrar of 
titles upon the payment of a fee of $15.  Before filing, 
however, any such survey shall be approved in the manner 
required for the approval of subdivision plats, which approval 
shall be endorsed thereon or attached thereto. 
    In counties having microfilming capabilities, the survey 
may be prepared on sheets of suitable mylar or on linen tracing 
cloth by photographic process or on material of equal quality.  
Notwithstanding any provisions of subdivision 5 to the contrary, 
no other copies of the survey need be filed. 
    The registrar shall furnish to any person a copy of said 
registered land survey, duly certified by him, for a fee of 
$7.50, which shall be admissible in evidence.  
     Sec. 3.  Minnesota Statutes 1984, section 508.61, 
subdivision 3, is amended to read: 
    Subd. 3.  When Where a corporate owner adopts did adopt a 
resolution for voluntary dissolution pursuant to chapter 301, 
the registrar of titles shall enter a new certificate of title 
in the name of the trustee in dissolution upon the surrender of 
the owner's duplicate certificate and the presentation of a 
certified copy of the certificate setting forth the adoption of 
the resolution together with the certificate of the secretary of 
state that said certificate of dissolution has been filed for 
record in his office. 
     Sec. 4.  Minnesota Statutes 1984, section 508.62, is 
amended to read: 
    508.62 [TRUSTEE'S CONVEYANCE.] 
    No instrument executed by an owner whose fee title to 
registered land is held in trust which transfers, mortgages, 
leases, or in any manner affects plats 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 its 
registration. 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 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. 5.  Minnesota Statutes 1984, section 508.71, 
subdivision 5, is amended to read: 
    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 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 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.  
     Sec. 6.  Minnesota Statutes 1984, section 508A.47, 
subdivision 2, is amended to read:  
    Subd. 2.  [REGISTERED LAND SURVEY, COURT ORDER.] The 
district court for any county, registrar of titles may, by 
general rule or order of the court, require that the owner of a 
parcel of unplatted registered land, who conveys any part of it 
which is not a full government subdivision, or simple fractional 
or quantity part of a full government subdivision, shall first 
file with the registrar of titles, when so required by him, a 
drawing in triplicate of said parcel of unplatted land, showing 
the tract or tracts being or to be conveyed.  The drawing shall 
be known as a "registered land survey."  The general rule or 
order shall be made only after hearing, to be held only after a 
notice of the hearing has been posted in the office of the clerk 
of district court of the county for which the rule or order is 
to be made for three weeks prior to the date of the hearing, and 
only after a notice of the hearing has been published once a 
week for three weeks in a legal newspaper of general circulation 
in the county.  
     Sec. 7.  Minnesota Statutes 1984, section 508A.47, 
subdivision 4, is amended to read: 
    Subd. 4.  [SURVEY; REQUISITES; FILING; COPIES.] The 
registered land survey shall correctly show the legal 
description of the parcel of unplatted land represented by the 
registered land survey and the outside measurements of the 
parcel of unplatted land and of all tracts delineated therein, 
the direction of all lines of the tracts to be shown by angles 
or bearings or other relationship to the outside lines of the 
registered land survey, and the surveyor shall place stakes 
monuments in the ground at appropriate corners, and all tracts 
shall be lettered consecutively beginning with the letter 
"A."  A registered land survey which delineates multilevel 
tracts shall include a map showing the elevation view of the 
tracts with their upper and lower boundaries defined by 
elevations referenced to National Geodetic Vertical Datum, 1929 
adjustment.  None of the tracts or parts of them may be 
dedicated to the public by the registered land survey.  Except 
in counties having microfilming capabilities, a reproduction 
copy of the registered land survey shall be delivered to the 
county auditor.  The registered land survey shall be on paper, 
mounted on cloth, shall be a black on white drawing, the scale 
to be not smaller than one inch equals 200 feet, and shall be 
certified to be a correct representation of the parcel of 
unplatted land by a registered surveyor.  The mounted drawing 
shall be exactly 17 inches by 14 inches and not less than 2-1/2 
inches of the 14 inches shall be blank for binding purposes.  
The survey shall be filed in triplicate with the registrar of 
titles upon the payment of a fee of $15.  Before filing, 
however, any survey shall be approved in the manner required for 
the approval of subdivision plats, which approval shall be 
endorsed on it or attached to it.  
    In counties having microfilming capabilities, the survey 
may be prepared on sheets of suitable mylar or on linen tracing 
cloth by photographic process or on material of equal quality. 
Notwithstanding any provisions of subdivision 5 to the contrary, 
no other copies of the survey need be filed.  
    The registrar shall furnish to any person a copy of the 
registered land survey, duly certified by him, for a fee of 
$7.50.  The copy shall be admissible in evidence.  
     Sec. 8.  Minnesota Statutes 1984, section 508A.61, 
subdivision 3, is amended to read: 
    Subd. 3.  [VOLUNTARY DISSOLUTION.] When Where a corporate 
owner adopts did adopt a resolution for voluntary dissolution 
pursuant to chapter 301, the registrar of titles shall enter a 
new CPT in the name of the trustee in dissolution upon the 
surrender of the owner's duplicate CPT and the presentation of a 
certified copy of the certificate setting forth the adoption of 
the resolution together with the certificate of the secretary of 
state that the certificate of dissolution has been filed for 
record in his office.  
     Sec. 9.  Minnesota Statutes 1984, section 508A.62, is 
amended to read: 
    508A.62 [TRUSTEE'S CONVEYANCE.] 
    No instrument executed by 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 plats 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. 10.  Minnesota Statutes 1984, section 508A.71, 
subdivision 5, is amended to read: 
    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. 
    Approved April 10, 1985