Office of the Revisor of Statutes
Minnesota Session Laws - 2001, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 50-H.F.No. 239
An act relating to real property; clarifying law
relating to servitudes created by a common owner of
multiple pieces of property; providing for filing of
an amended application to register land; authorizing
attorney general to represent state in certain torrens
proceedings; providing for issuance of certificates of
title for common elements in a condominium; permitting
owners of certain land to request new certificates of
title; modifying certificates of possessory title;
modifying Minnesota Common Interest Ownership Act;
exempting registered/torrens land from the 40 year
law; amending Minnesota Statutes 2000, sections
508.09; 508.16, subdivision 1; 508.421, by adding a
subdivision; 508.82, subdivision 1; 508A.01,
subdivision 2; 508A.08; 508A.09; 508A.10; 508A.11,
subdivisions 1 and 2; 508A.17, subdivision 1; 508A.22,
subdivisions 1 and 3; 508A.25; 508A.35; 508A.351, by
adding subdivisions; 508A.421, by adding a
subdivision; 508A.82, subdivision 1; 508A.85,
subdivision 4; 515B.1-116; 515B.3-104; 515B.3-117; and
541.023, subdivisions 1, 2, 4, 6, 7, and by adding a
subdivision; proposing coding for new law in Minnesota
Statutes, chapters 507; 508; and 508A; repealing
Minnesota Statutes 2000, sections 508.71, subdivision
7; 508A.22, subdivision 2; 508A.27; and 508A.351,
subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [507.47] [CREATION OF SERVITUDES BY COMMON
OWNER.]
An easement, condition, restriction, or other servitude
that is imposed on real property by a recorded instrument and is
not in violation of law or public policy, is valid
notwithstanding the common ownership, when the easement,
condition, restriction, or other servitude is imposed, of any of
the real property burdened or benefited by the easement,
condition, restriction, or other servitude. A conveyance of all
or any portion of the real property includes the benefits and
burdens of all easements, conditions, restrictions, or other
servitudes validated under this section, except as provided by
sections 500.20 and 541.023. The common law doctrine of merger,
and not this section, applies whenever, after ownership of any
of the real property is severed, all of the real property
burdened or benefited by an easement, condition, restriction, or
other servitude again is owned by a common owner.
Sec. 2. Minnesota Statutes 2000, section 508.09, is
amended to read:
508.09 [AMENDMENT.]
Amendments to the application, including joinder,
substitution, or discontinuance as to parties, may be allowed by
the court at any time upon terms that are just and reasonable,
but all amendments shall be in writing and signed and verified
like the original application. A person who acquires the
original applicant's estate in all or part of the land by
voluntary instrument from the original applicant may be
substituted for the applicant as to the land acquired by
executing and filing an amendment without payment of the fees
specified in section 357.021, subdivision 2, clause (1).
Sec. 3. Minnesota Statutes 2000, section 508.16,
subdivision 1, is amended to read:
Subdivision 1. [SUBSCRIBED BY ADMINISTRATOR; COPIES.] The
summons shall be subscribed by the court administrator, directed
to the defendants, and require them to appear and answer the
application of the applicant, within 20 days after the service
of the summons, exclusive of the day of such service. It shall
be served in the manner as provided by law for the service of a
summons in civil actions in the district court, except as herein
otherwise provided. It shall be served upon the state by
delivering a copy thereof to the attorney general, a deputy
attorney general or an assistant attorney general who shall
transmit the same. The attorney general shall represent the
state in these proceedings. In those cases where the attorney
general deems it appropriate, the attorney general may transmit
the matter to the county attorney of the county in which the
land described therein is situated, and thereupon such county
attorney shall appear in such proceeding, and represent the
state therein. It shall be served upon a domestic corporation
governed by chapter 302A whose charter has terminated by
dissolution, expiration, or otherwise, by delivering a copy of
it to a person, known to the applicant, who held office in the
corporation at the time of dissolution and can be found in the
state or, if no officer known to the applicant can be found in
the state, by publishing the summons in a newspaper printed and
published in the county where the application is filed, once
each week for three consecutive weeks. It shall be served upon
all persons not personally served who are not residents of the
state or who cannot be found therein, and upon domestic
corporations not governed by chapter 302A whose charter has
terminated by dissolution, expiration, or otherwise more than
three years prior to the commencement of the action, and upon
unknown successors in interests of such corporations, and upon
"all other persons or parties unknown claiming any right, title,
estate, lien, or interest in the real estate described in the
application herein" by publishing the same in a newspaper
printed and published in the county wherein the application is
filed, once each week for three consecutive weeks; provided, if
the order for summons or a supplemental order of the court,
filed before, during or after the publication of the summons,
shall so direct, the summons may be personally served without
the state upon any one or more of the defendants who are
nonresidents of the state or who cannot be found therein, in
like manner and with like effect as such service in a summons in
a civil action in the district court; and provided further, that
any nonresident defendant, natural or corporate, who can be
found in the state of Minnesota and can be personally served
therein, may be served personally. The court administrator
shall also, at least 20 days before the entry of the decree
which shall be entered in the matter, send a copy of the summons
by mail to all defendants not served personally who are not
residents of the state, and whose place of address is known to
applicant or stated in the application, or in the order
directing the issuance of the summons. The certificate of the
court administrator that the court administrator has mailed the
summons, as herein provided, shall be conclusive evidence
thereof. Other or further notice of the application for
registration may be given in such manner and to such persons as
the court or any judge thereof may direct. The summons shall be
served at the expense of the applicant and proof of the service
shall be made in the same manner as in civil actions. The
summons shall be substantially in the following form:
SUMMONS IN APPLICATION FOR REGISTRATION OF LAND
State of Minnesota
ss.
County of ........
District Court ...... Judicial District.
In the matter of the application of (name of applicant) to
register the title to the following described real estate
situated in ............. county, Minnesota, namely:
(description of land) ..................
Applicant,
vs
(names of defendants) and "all other persons or parties
unknown claiming any right, title, estate, lien or interest in
the real estate described in the application herein."
Defendants.
THE STATE OF MINNESOTA TO THE ABOVE NAMED DEFENDANTS:
You are hereby summoned and required to answer the
application of the applicant in the above entitled proceeding
and to file your answer to the said application in the office of
the court administrator of said court, in said county, within 20
days after service of this summons upon you exclusive of the day
of such service, and, if you fail to answer the application
within the time aforesaid, the applicant in this proceeding will
apply to the court for the relief demanded therein.
Witness ........ court administrator of said court, and the
seal thereof, at .........., in said county, this ........ day
of .........., .....
(Seal)
.........................
Court administrator
Sec. 4. [508.351] [CONDOMINIUM CERTIFICATE.]
Subdivision 1. [DECLARATION.] Prior to filing with the
registrar of titles of a declaration or bylaws for a
condominium, or an amendment to the declaration or bylaws, a
determination must be made by an order of court in a proceeding
subsequent to initial registration or by a written directive of
the examiner of titles that the documents comply with the
requirements of the applicable condominium statute.
Subd. 2. [FORM OF COMMON ELEMENTS CERTIFICATE OF
TITLE.] Upon the filing of a declaration creating a condominium,
the registrar shall issue a certificate of title, designated as
a "common elements certificate of title," ("CECT"). It must be
in substantially the following form:
COMMON ELEMENTS CERTIFICATE OF TITLE (CECT)
This is the Common Elements Certificate of Title for
Condominium CIC No. .......
State of Minnesota )
) SS.
County of .............)
This is to certify that the common elements in condominium
CIC No. ....... are subject to the encumbrances, liens, and
interests noted by the memorials set forth as follows:
In witness whereof, I have hereunto subscribed my name and
affixed the seal of my office, this ....... day of ......., .....
....................
Registrar of Titles, in and for the
County of..................... and
State of Minnesota
Subd. 3. [TRACT INDEX.] CECTs must be maintained in the
same manner as provided for certificates of title and must be
indexed in the tract index as provided in section 508.37,
subdivision 1a. The names of the owners in the tract index must
be "unit owners." The description of the registered land in the
tract index must be "common elements" or "CECT."
Subd. 4. [UNIT CERTIFICATES.] Certificates of title issued
for the units described in the declaration must contain,
immediately following the description of the Unit, a statement
in substantially the following form: "Subject to encumbrances,
liens, and interests noted on CECT No. ......."
Subd. 5. [MEMORIALS.] The condominium declaration, bylaws,
any amendment to the declaration or bylaws; any lien against the
common elements pursuant to chapter 514; any fixture filing
pursuant to section 336.9-314 where the financing statement
describes the common elements; any easement on the common
elements pursuant to section 515B.3-102, subsection (a)(9); any
instrument evidencing the transfer of a special declarant right
pursuant to section 515B.3-104; and any conveyance or
encumbrance of the common elements pursuant to section
515B.3-112 must be entered as memorials on the CECT only.
Subd. 6. [PREEXISTING CONDOMINIUMS.] In the case of a
condominium existing prior to August 1, 2001, on registered
land, for which no CECT has been issued, upon the filing of a
document of the kind specified in subdivision 5, the registrar
shall issue a CECT, but documents filed prior to the issuance of
the CECT need not be entered as memorials on the CECT. The
registrar for no additional fee shall mark by the land
description on the certificate of title for each of the units in
the condominium a statement in substantially the following
form: "subject to encumbrances, liens, and interests noted in
CECT No. ......." and in future certificates for each unit in
the condominium, insert immediately following the description of
the unit, a statement in substantially the following form:
"subject to encumbrances, liens, and interests noted on CECT No.
......."
Sec. 5. Minnesota Statutes 2000, section 508.421, is
amended by adding a subdivision to read:
Subd. 1a. [REISSUANCE.] The owner of registered land may
request the registrar of titles to issue a new certificate of
title free from the memorials of all interests which have
terminated.
Sec. 6. Minnesota Statutes 2000, section 508.82,
subdivision 1, is amended to read:
Subdivision 1. [STANDARD DOCUMENTS.] The fees to be paid
to the registrar shall be as follows:
(1) of the fees provided herein, five percent of the fees
collected under clauses (3), (4), (5), (10) (11), (12) (13),
(14), (15), and (16), and (17), for filing or memorializing
shall be paid to the state treasurer and credited to the general
fund; plus a $4.50 surcharge shall be charged and collected in
addition to the total fees charged for each transaction under
clauses (2) to (5), (10), (12), and (16), (3), (5), (11), (13),
(14), (16), and (17), with 50 cents of this surcharge to be
retained by the county to cover its administrative costs and $4
to be paid to the state treasury and credited to the general
fund;
(2) for registering a first certificate of title, including
issuing a copy of it, $30;
(3) for registering each instrument transferring the fee
simple title for which a new certificate of title is issued and
for the registration of the new certificate of title, including
a copy of it, $30;
(4) for issuance of a CECT pursuant to section 508.351,
$15;
(5) for the entry of each memorial on a certificate, $15;
(5) (6) for issuing each residue certificate, $20;
(6) (7) for exchange certificates, $10 for each certificate
canceled and $10 for each new certificate issued;
(7) (8) for each certificate showing condition of the
register, $10;
(8) (9) for any certified copy of any instrument or writing
on file in the registrar's office, the same fees allowed by law
to county recorders for like services;
(9) (10) for a noncertified copy of any certificate of
title, other than the copies issued under clauses (2) and (3),
any instrument or writing on file 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, $30;
(11) (12) for any other service under this chapter, such
fee as the court shall determine;
(12) (13) for filing an amendment to a declaration in
accordance with chapter 515, $10 for each certificate upon which
the document is registered and $30 for an amended floor plan
filed in accordance with chapter 515;
(13) (14) for filing an amendment to a condominium
declaration or plat in accordance with chapter 515A, or a common
interest community declaration and plat or amendment complying
with section 515B.2-110, subsection (c), $10 for each
certificate upon which the document is registered and $30 for
the filing of the condominium or common interest community plat
or amendment;
(14) (15) for a copy of a condominium floor plan filed in
accordance with chapter 515, a copy of a condominium plat filed
in accordance with chapter 515A, or a copy of a common interest
community plat complying with section 515B.2-110, subsection
(c), the fee shall be $1 for each page of the floor plan,
condominium plat, or common interest community plat with a
minimum fee of $10;
(15) (16) for the filing of a certified copy of a plat of
the survey pursuant to section 508.23 or 508.671, $10;
(16) (17) for filing a registered land survey in triplicate
in accordance with section 508.47, subdivision 4, $30;
(17) (18) for furnishing a certified copy of a registered
land survey in accordance with section 508.47, subdivision 4,
$10.
Sec. 7. Minnesota Statutes 2000, section 508A.01,
subdivision 2, is amended to read:
Subd. 2. [PURPOSE.] The purpose of sections 508A.01 to
508A.85 is to provide a voluntary procedure for registration of
certain possessory estates in land with certainty, at reasonable
cost and speed, and without the necessity for the initial
adjudication required by chapter 508, and to provide for initial
registration of land under a certificate of possessory title
("CPT"). Upon the expiration of five years from the date of the
examiner's supplemental directive is filed on the first CPT, the
registrar of titles shall cancel the CPT and issue a certificate
of title as provided in section 508A.85, subdivisions 2 and 3.
Sec. 8. Minnesota Statutes 2000, section 508A.08, is
amended to read:
508A.08 [LANDS INCLUDED IN APPLICATION; CONTENTS.]
Subdivision 1. [ADJACENT LAND; COMMON OWNER.] 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 on
petition of the applicant or applicants, nonadjoining 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.
Subd. 2. [ADJACENT LAND; DIFFERENT OWNERS.] When approved
by the examiner of titles, owners of two or more adjacent tracts
of land in the same county may join in one application to
register the title to their individual tracts. The application
must list separately all of the information required by section
508A.06 for the owner or owners of each of the tracts included
in the application.
Sec. 9. Minnesota Statutes 2000, section 508A.09, is
amended to read:
508A.09 [AMENDMENT.]
Amendments to the application may be allowed by the
examiner of titles at any time upon terms that are just and
reasonable, but all amendments shall be in writing and signed
and verified like the original application. A person who
acquires the original applicant's estate in all or part of the
land by voluntary instrument from the original applicant may be
substituted for the applicant as to the land acquired by
executing an amendment.
Sec. 10. Minnesota Statutes 2000, section 508A.10, is
amended to read:
508A.10 [APPLICATION TO EXAMINER; POWERS OF EXAMINER.]
An application for registration for a CPT shall be
addressed to the examiner of titles in and for the county in
which the land described is situated. The examiner shall have
the powers provided in sections 508A.01 to 508A.85 including but
not limited to the following:
(1) To approve all applications prior to filing of record;
(2) To require an abstract of title with searches and
recertifications as desired;
(3) To require that mailed notice be given to the holders
of any interest, when their addresses are known;
(4) To issue examiner's reports, supplemental reports, and
initial directives, and supplemental directives to the registrar
regarding initial CPTs or memorials upon any CPT pursuant to
section 508A.71;
(5) To require the county surveyor to review the proposed
legal description of any CPT or to inspect the real property;
(6) To suspend any proceeding hereunder upon receipt of any
valid written objections by persons claiming an interest in the
real property; and
(7) To require proceedings subsequent to the initial CPT as
may be necessary to achieve the purposes of sections 508A.01 to
508A.85, or to certify instruments transferring title pursuant
to sections 508A.59, 508A.62, and 508A.69.
Sec. 11. Minnesota Statutes 2000, section 508A.11,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION FILED WITH COUNTY RECORDER.] A
certified copy of the application shall be delivered to the
examiner of titles. After approval by the examiner of titles,
the application for a CPT shall be filed for record in the
office of the county recorder, and shall be notice forever to
all purchasers and encumbrancers of the pendency of the
registration and of all matters referred to in the files and
records of the examiner of titles and of the registrar of titles
pertaining to the registration. The applicant shall deliver a
certified copy of the recorded application to the examiner of
titles.
Sec. 12. Minnesota Statutes 2000, section 508A.11,
subdivision 2, is amended to read:
Subd. 2. [ABSTRACT SUPPLIED.] The applicant shall deliver
to the examiner of titles an abstract of title certified or
recertified in a manner satisfactory to the examiner of titles
shall be delivered to the examiner. In the event the examiner
refuses to direct the issuance of a CPT, the abstract shall be
returned. Otherwise, the abstract shall be returned to the
applicant only at the time and under the conditions as the
examiner shall determine.
Sec. 13. Minnesota Statutes 2000, 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) (7)
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 of
the first CPT.
Sec. 14. Minnesota Statutes 2000, section 508A.22,
subdivision 1, is amended to read:
Subdivision 1. [DIRECTIVE.] The examiner of titles, upon
being satisfied that the applicant is entitled to a CPT, but not
earlier than 20 days from the date of mailing of the notice
required by section 508A.13, shall issue a written directive to
the registrar of titles directing that the first CPT be issued
and entered in the name of the applicant, subject only to the
following: (a) the exceptions set out in section 508A.25;
(b) separate memorials showing all outstanding rights, titles,
estates, liens, and interests set forth in the examiner's report
and any additional liens, encumbrances, or other interests
affecting the land, arising after the filing of the application;
and (c) a memorial of the examiner's directive which must state
that the land described in the directive is subject to the
rights of persons in possession, if any, and any rights which
would be disclosed by a survey except as those rights are
limited by section 508A.02, subdivision 1. The examiner's
directive shall contain an accurate description of the land and
shall set forth the address of the applicant and, if the
applicant be is an individual, whether the applicant is 18 years
of age or older, and whether married or unmarried, and if
married, the name of the spouse; if the applicant is under any
legal incapacity, the nature of it shall be stated. The
examiner shall deliver the abstract of title to the registrar of
titles who shall retain it, but it must not be entered as a
memorial on the CPT. From the date of filing the examiner's
directive with the registrar of titles, all instruments
affecting title to the land which are registered shall be filed
in the office of the registrar of titles and be memorialized
upon the CPT.
Sec. 15. Minnesota Statutes 2000, section 508A.22,
subdivision 3, is amended to read:
Subd. 3. [FEES.] Upon the filing with the registrar of
titles of the examiner's directive pursuant to subdivision 1,
there shall be paid to the registrar: (1) the fee provided by
section 508A.82, clause (2), for registering a first CPT, and
(2) the fee provided by section 508.74, which shall be paid to
the state treasurer pursuant to section 508.75. Upon filing
with the registrar of titles the supplemental directive of the
examiner, there shall be paid to the registrar of titles the fee
for the entry of a memorial pursuant to section 508A.82, clause
(4).
Sec. 16. Minnesota Statutes 2000, 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;
(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;
(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 of the first CPT; and
(8) (7) any outstanding mechanics lien rights which may
exist under sections 514.01 to 514.17.
No existing or future lien for state taxes arising under
the laws of this state for the nonpayment of any amounts due
under chapter 268 or any tax administered by the commissioner of
revenue may encumber title to lands registered under this
chapter unless filed under the terms of this chapter.
Sec. 17. Minnesota Statutes 2000, 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 whether the owner is 18
years of age or older and if under any legal incapacity, the
nature of it. It shall also state whether or not the owner is
married and if married, the name of the spouse. 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 .................., .....
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 of and in the following described land situation
in the county of ....... and state of Minnesota,
........................................ 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 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;
(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;
(7) (6) 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 of the first CPT; and
(8) (7) 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
...................., .....
...................................
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. 18. Minnesota Statutes 2000, section 508A.351, is
amended by adding a subdivision to read:
Subd. 1a. [DECLARATION.] Prior to filing with the
registrar of titles of a declaration or bylaws for a
condominium, or an amendment to the declaration or bylaws, a
determination must be made by an order of court in a proceeding
subsequent to initial registration or by a written directive of
the examiner of titles that the documents comply with the
requirements of the applicable condominium statute.
Sec. 19. Minnesota Statutes 2000, section 508A.351, is
amended by adding a subdivision to read:
Subd. 2a. [FORM OF COMMON ELEMENTS CERTIFICATE OF
TITLE.] Upon the filing of a declaration creating a condominium,
the registrar shall issue a certificate of title, designated as
a "common elements certificate of title," ("CECT"). It must be
in substantially the following form:
COMMON ELEMENTS CERTIFICATE OF TITLE (CECT)
This is the Common Elements Certificate of Title for
Condominium CIC No. ...........
State of Minnesota )
) SS.
County of ..............)
This is to certify that the common elements in condominium
CIC No. ....... are subject to the encumbrances, liens, and
interests noted by the memorials set forth as follows:
In witness whereof, I have here unto subscribed my name and
affixed the seal of my office, this ....... day of ......., .....
...................
Registrar of Titles, in and for the
County of ............
and State of Minnesota
Sec. 20. Minnesota Statutes 2000, section 508A.351, is
amended by adding a subdivision to read:
Subd. 3. [TRACT INDEX.] CECTs must be maintained in the
same manner as provided for certificates of title under chapter
508 and must be indexed in the tract index as provided in
section 508.37, subdivision 1a. The names of the owners in the
tract index must be "unit owners." The description of the
registered land in the tract index must be "common elements" or
"CECT."
Sec. 21. Minnesota Statutes 2000, section 508A.351, is
amended by adding a subdivision to read:
Subd. 4. [UNIT CERTIFICATES.] CPTs issued for the units
described in the declaration must contain, immediately following
the description of the unit, a statement in substantially the
following form: "Subject to encumbrances, liens, and interests
noted on CECT No. ......."
Sec. 22. Minnesota Statutes 2000, section 508A.351, is
amended by adding a subdivision to read:
Subd. 5. [MEMORIALS.] The condominium declaration, bylaws,
any amendment to the declaration or bylaws; any lien against the
common elements pursuant to chapter 514; any fixture filings
pursuant to section 336.9-314 where the financing statement
describes the common elements; any easement on the common
elements pursuant to section 515B.3-102, subsection (a)(9); any
instrument evidencing the transfer of a special declarant right
pursuant to section 515B.3-104; and any conveyance or
encumbrance of the common elements pursuant to section
515B.3-112 must be entered as memorials on the CECT only.
Sec. 23. Minnesota Statutes 2000, section 508A.351, is
amended by adding a subdivision to read:
Subd. 6. [PREEXISTING CONDOMINIUMS.] In the case of a
condominium existing prior to August 1, 2001, on registered
land, for which no CECT has been issued, upon the filing of a
document of the kind specified in section 508.351, subdivision
4, the registrar shall issue a CECT, but documents filed prior
to the issuance of the CECT need not be entered as memorials on
the CECT. The registrar for no additional fee shall mark by the
land description on the certificate of title for each of the
units in the condominium a statement in substantially the
following form: "Subject to encumbrances, liens, and interests
noted in CECT No. ......." and in future certificates for each
unit in the condominium insert, immediately following the
description of the Unit, a statement in substantially the
following form: "Subject to encumbrances, liens and interests
noted on CECT No. ........"
Sec. 24. Minnesota Statutes 2000, section 508A.421, is
amended by adding a subdivision to read:
Subd. 1a. [REISSUANCE.] The owner of registered land may
request the registrar of titles to issue a new CPT free from the
memorials of all interests which have terminated.
Sec. 25. [508A.422] [COMBINED CERTIFICATE.]
Subdivision 1. [COMBINING CPT AND CERTIFICATE OF
TITLE.] The owner of registered land holding a CPT and a
certificate of title may request the registrar of titles to
issue a single certificate of title, to be known as a combined
certificate of title, for the lands described in the CPT and the
certificate of title. The combined certificate of title must be
in the form prescribed in section 508.35 and must also contain,
following the statement required by section 508.35 regarding
rights or encumbrances subsisting, a statement in substantially
the following form: "This certificate of title is also a CPT as
to the lands described herein included in the examiner's
directive shown by memorial on this certificate of title and
those lands are subject to any claims that may be made pursuant
to section 508A.17 within five years from the date of the first
CPT."
Subd. 2. [APPLICABLE STATUTE.] Chapter 508 applies to the
lands in the combined certificate of title which are registered
under that chapter or which have been integrated pursuant to
section 508A.85, subdivision 5. This chapter applies to the
lands in the combined certificate of title which are registered
pursuant to this chapter and which have not been integrated
pursuant to section 508A.85, subdivision 5.
Sec. 26. Minnesota Statutes 2000, section 508A.82,
subdivision 1, is amended to read:
Subdivision 1. [STANDARD DOCUMENTS.] The fees to be paid
to the registrar shall be as follows:
(1) of the fees provided herein, five percent of the fees
collected under clauses (3), (4), (10), (12), (14), and (16)
(5), (11), (13), (14), and (17), for filing or memorializing
shall be paid to the state treasurer and credited to the general
fund; plus a $4.50 surcharge shall be charged and collected in
addition to the total fees charged for each transaction under
clauses (2) to (5), (10), (12), and (16), (3), (5), (11), (13),
(14), and (17), with 50 cents of this surcharge to be retained
by the county to cover its administrative costs and $4 to be
paid to the state treasury and credited to the general fund;
(2) for registering a first CPT, including issuing a copy
of it, $30;
(3) for registering each instrument transferring the fee
simple title for which a new CPT is issued and for the
registration of the new CPT, including a copy of it, $30;
(4) for issuance of a CECT pursuant to section 508A.351,
$15;
(5) for the entry of each memorial on a CPT, $15;
(5) (6) for issuing each residue CPT, $20;
(6) (7) for exchange CPTs or combined certificates of
title, $10 for each CPT and certificate of title canceled and
$10 for each new CPT or combined certificate of title issued;
(7) (8) for each CPT showing condition of the register,
$10;
(8) (9) for any certified copy of any instrument or writing
on file in the registrar's office, the same fees allowed by law
to county recorders for like services;
(9) (10) for a noncertified copy of any CPT, other than the
copies issued under clauses (2) and (3), 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, $30;
(11) (12) for any other service under sections 508A.01 to
508A.85, the fee the court shall determine;
(12) (13) for filing an amendment to a declaration in
accordance with chapter 515, $10 for each certificate upon which
the document is registered and $30 for an amended floor plan
filed in accordance with chapter 515;
(13) (14) for filing an amendment to a condominium
declaration or plat in accordance with chapter 515A, or a common
interest community declaration and plat or amendment complying
with section 515B.2-110, subsection (c) and issuing a CECT if
required, $10 for each certificate upon which the document is
registered and $30 for the filing of the condominium or common
interest community plat or amendment;
(14) (15) for a copy of a condominium floor plan filed in
accordance with chapter 515, a copy of a condominium plat filed
in accordance with chapter 515A, or a copy of a common interest
community plat complying with section 515B.2-110, subsection
(c), the fee shall be $1 for each page of the floor plan,
condominium plat, or common interest community plat with a
minimum fee of $10;
(15) (16) in counties in which the compensation of the
examiner of titles is paid in the same manner as the
compensation of other county employees, for each parcel of land
contained in the application for a CPT, as the number of parcels
is determined by the examiner, a fee which is reasonable and
which reflects the actual cost to the county, established by the
board of county commissioners of the county in which the land is
located;
(16) (17) for filing a registered land survey in triplicate
in accordance with section 508A.47, subdivision 4, $30; and
(17) (18) for furnishing a certified copy of a registered
land survey in accordance with section 508A.47, subdivision 4,
$10.
Sec. 27. Minnesota Statutes 2000, section 508A.85,
subdivision 4, is amended to read:
Subd. 4. [CHANGEOVER, MEMORIALS ON CERTIFICATE OF TITLE.]
Any certificate of title issued pursuant to this section shall
carry forward all memorials which still affect the land, except
for the memorial of the examiner's supplemental directive issued
pursuant to section 508A.22, subdivision 2. It shall be made
subject to all statutory exceptions and be issued in the same
form as provided in section 508.35, except that, in lieu of
reciting that the certificate of title was issued pursuant to
the order of the district court, the certificate of title shall
recite that it was issued pursuant to the provisions of this
section and recite the date the certificate of title was issued
for the land involved. The memorial of the examiner's directive
on the CPT pursuant to section 508A.351 508A.22 shall not be
removed without an order of the district court.
Sec. 28. Minnesota Statutes 2000, section 515B.1-116, is
amended to read:
515B.1-116 [RECORDING.]
(a) A declaration, bylaws, any amendment to a declaration
or bylaws, and any other instrument affecting a common interest
community shall be entitled to be recorded. In those counties
which have a tract index, the county recorder shall enter the
declaration in the tract index for each unit affected. The
registrar of titles shall file the declaration on the
certificate of title for each unit affected in accordance with
section 508.351 or 508A.351.
(b) The recording officer shall upon request promptly
assign a number (CIC number) to a common interest community to
be formed or to a common interest community resulting from the
merger of two or more common interest communities.
(c) Documents recorded pursuant to this chapter shall in
the case of registered land be filed, and references to the
recording of documents shall mean filed in the case of
registered land.
(d) Subject to any specific requirements of this chapter,
if a recorded document relating to a common interest community
purports to require a certain vote or signatures approving any
restatement or amendment of the document by a certain number or
percentage of unit owners or secured parties, and if the
amendment or restatement is to be recorded pursuant to this
chapter, an affidavit of the president or secretary of the
association stating that the required vote or signatures have
been obtained shall be attached to the document to be recorded
and shall constitute prima facie evidence of the representations
contained therein.
(e) If a common interest community is located on registered
land, the recording fee for any document affecting two or more
units shall be the then-current fee for registering the document
on the certificates of title for the first ten affected
certificates and one-third of the then-current fee for each
additional affected certificate. This provision shall not apply
to recording fees for deeds of conveyance, with the exception of
deeds given pursuant to sections 515B.2-119 and 515B.3-112.
(f) Except as permitted under this subsection, a recording
officer shall not file or record a declaration creating a new
common interest community, unless the county treasurer has
certified that the property taxes payable in the current year
for the real estate included in the proposed common interest
community have been paid. This certification is in addition to
the certification for delinquent taxes required by section
272.12. In the case of preexisting common interest communities,
the recording officer shall accept, file, and record the
following instruments, without requiring a certification as to
the current or delinquent taxes on any of the units in the
common interest community: (i) a declaration subjecting the
common interest community to this chapter; (ii) a declaration
changing the form of a common interest community pursuant to
section 515B.2-123; or (iii) an amendment to or restatement of
the declaration, bylaws, or CIC plat. In order for the
instruments to be accepted and recorded under the preceding
sentence, the assessor must certify or otherwise inform the
recording officer that, for taxes payable in the current year,
the assessor has allocated taxable values to each unit or has
separately assessed each unit.
(g) The registrar of titles shall not require the filing on
certificates of title previously issued for units in a flexible
common interest community of an amendment to a declaration
pursuant to section 515B.2-111 made solely to add additional
real estate.
(h) In the case of an amendment to a declaration or a
transfer of special declarant rights with respect to a common
interest community located on registered land, the registrar of
titles shall not require the surrender of the owner's duplicate
certificates of title to record the document, except for any
owner's duplicate certificates of title relating to additional
real estate being added by an amendment under section 515B.2-111.
Sec. 29. Minnesota Statutes 2000, section 515B.3-104, is
amended to read:
515B.3-104 [TRANSFER OF SPECIAL DECLARANT RIGHTS.]
(a) A special declarant right created or reserved under
this chapter may be voluntarily transferred only by a separate
instrument evidencing the transfer recorded in every county in
which any part of the common interest community is located. The
separate instrument shall be recorded against all units in the
common interest community, or in the case of a cooperative,
against the real estate owned by the cooperative, or in the case
of a condominium on registered land, the instrument must be
filed pursuant to section 508.351, subdivision 3, or 508A.351,
subdivision 3. The instrument may provide for the conveyance of
less than all of the special declarant rights, and is not
effective unless executed by the transferor and transferee. A
deed in lieu of foreclosure, or other conveyance arising out of
a foreclosure or cancellation, shall not be deemed a voluntary
transfer within the meaning of this section.
(b) Upon the voluntary transfer of any special declarant
right, the liability of a transferor declarant is as follows:
(1) A transferor is not relieved of any obligation or
liability arising before the transfer and remains liable for
warranty obligations imposed on the transferor by this chapter.
Lack of privity does not deprive any unit owner of standing to
maintain an action to enforce any obligation of the transferor.
(2) If a successor to any special declarant right is an
affiliate of a declarant, the transferor is jointly and
severally liable with the successor for any obligations or
liabilities of the successor relating to the common interest
community.
(3) If a transferor retains any special declarant rights,
but transfers other special declarant rights to a successor who
is not an affiliate of the declarant, the transferor is liable
for any obligations or liabilities imposed on a declarant by
this chapter or by the declaration relating to the retained
special declarant rights and arising before or after the
transfer.
(4) A transferor has no liability for any act or omission
or any breach of a contractual or warranty obligation arising
from the exercise of a special declarant right by a successor
declarant who is not an affiliate of the transferor.
(c) Upon the voluntary transfer of any special declarant
right, the liability of a successor declarant is as follows:
(1) A successor to any special declarant right who is an
affiliate of a declarant is subject to all obligations and
liabilities imposed on the transferor by this chapter or by the
declaration.
(2) A successor to any special declarant right who is not
an affiliate of a declarant is subject to all obligations and
liabilities imposed by this chapter or the declaration, except:
(i) misrepresentations by any previous declarant; (ii) warranty
obligations on improvements made by any previous declarant, or
made before the common interest community was created; (iii)
breach of any fiduciary obligation by any previous declarant or
the declarant's appointees to the board; (iv) any liability or
obligation imposed on the transferor as a result of the
transferor's acts or omissions after the transfer; and (v) any
liability arising out of a special declarant right which was not
transferred as provided in subsection (a).
(d) In case of foreclosure of a mortgage or cancellation of
a contract for deed or other security interest (or conveyance in
lieu thereof), sale by a trustee under an agreement creating a
security interest, tax sale, judicial sale, or sale under
bankruptcy code or receivership proceedings, of any units or
additional real estate, or interest therein, owned by a
declarant, a person acquiring title to the property or interests
succeeds to all special declarant rights related to the property
or interests held by that declarant and acquired by it unless (i)
the mortgage instrument or other instrument creating the
security interest, (ii) the instrument conveying title or (iii)
a separate instrument signed by the person and recorded within
60 days after the person acquires title to the property or
interests, provides for transfer of less than all special
declarant rights. The separate instrument need be recorded only
against the title to the units or interests other than those
being acquired under this subsection, or in the case of a
cooperative, against the real estate owned by the cooperative.
The declarant shall cease to have or exercise any special
declarant rights which are transferred. If the person has
limited the transfer of certain special declarant rights as
provided in this subsection, then it and its successor's
liability shall be limited, as follows:
(1) If the person or its successor limits its rights and
liabilities only to maintain models, sales office and signs, and
if that party is not an affiliate of a declarant, it is not
subject to any liability or obligations as a declarant, except
the obligation to provide a disclosure statement and any
liability arising from that obligation, and it may not exercise
any other special declarant rights.
(2) If the person or its successor is not an affiliate of a
declarant, it may declare its intention in a recorded instrument
as provided in subsection (a) to acquire all special declarant
rights and hold those rights solely for transfer to another
person. Thereafter, until the special declarant rights are
transferred to a person acquiring title to any unit owned by the
successor, or until a separate instrument is recorded permitting
exercise of all of those rights, that successor may not exercise
any of those rights other than the right to control the board of
directors in accordance with the provisions of section
515B.3-103 for the duration of any period of declarant control.
So long as any successor may not exercise its special declarant
rights under this subsection, it is not subject to any liability
or obligation as a declarant other than liability for its acts
and omissions under section 515B.3-103.
(e) Any attempted exercise by a purported successor to a
special declarant right which is not transferred as provided in
this section is void, and any purported successor attempting to
exercise that right shall be liable for any damages arising out
of its actions.
(f) Nothing in this section shall subject any successor to
a special declarant right to any claims against or other
obligations of a transferor declarant, other than claims and
obligations arising under this chapter, or the declaration or
bylaws.
Sec. 30. Minnesota Statutes 2000, section 515B.3-117, is
amended to read:
515B.3-117 [OTHER LIENS.]
(a) Except in a cooperative and except as otherwise
provided in this chapter or in a security instrument, an
individual unit owner may have the unit owner's unit released
from a lien if the unit owner pays the lienholder the portion of
the amount which the lien secures that is attributable to the
unit. Upon the receipt of payment, the lienholder shall
promptly deliver to the unit owner a recordable partial
satisfaction and release of lien releasing the unit from the
lien. The release shall be deemed to include a release of any
rights in the common elements appurtenant to the unit. The
portion of the amount which a lien secures that is attributable
to the unit shall be equal to the total amount which the lien
secures multiplied by a percentage calculated by dividing the
common expense liability attributable to the unit by the common
expense liability attributable to all units against which the
lien has been recorded, or in the case of a lien under
subsection (b), the units against which the lien is permitted or
required to be recorded. At the request of a lien claimant or
unit owners, the association shall provide a written statement
of the percentage of common expense liability attributable to
all units. After a unit owner's payment pursuant to this
section, the association may not assess the unit for any common
expense incurred thereafter in connection with the satisfaction
or defense against the lien.
(b) Labor performed or materials furnished for the
improvement of a unit shall be the basis for the recording of a
lien against that unit pursuant to the provisions of chapter 514
but shall not be the basis for the recording of a lien against
the common elements. Labor performed or materials furnished for
the improvement of common elements, if duly authorized by the
association, shall be deemed to be performed or furnished with
the express consent of each unit owner, and shall be perfected
by recording a lien against all the units in the common interest
community pursuant to the provisions of chapter 514, but shall
not be the basis for the recording of a lien against the common
elements except in the case of a condominium on registered land,
in which case a lien must be filed pursuant to section 508.351,
subdivision 3, or 508A.351, subdivision 3. Where a lien is
recorded against the units for labor performed or material
furnished for the improvement of common elements, the
association shall be deemed to be the authorized agent of the
unit owners for purposes of receiving the notices required under
sections 514.011 and 514.08, subdivision 1, clause (2).
(c) A security interest in a cooperative whose unit owners'
interests in the units are personal property shall be perfected
by recording a financing statement in the UCC filing section of
the office of the recording officer for the county in which the
unit is located. In any disposition by a secured party pursuant
to section 336.9-504 or retention pursuant to section 336.9-505,
the rights of the parties shall be the same as those provided by
law, subject to the exceptions and requirements set forth in
section 515B.3-116(h)(3), and except that the unit owner has the
right to reinstate the debt owing to the secured party by paying
to the secured party, prior to the effective date of the
disposition or retention, the amount which would be required to
reinstate the debt under section 580.30 if the unit were wholly
real estate.
Sec. 31. Minnesota Statutes 2000, section 541.023,
subdivision 1, is amended to read:
Subdivision 1. [COMMENCEMENT.] As against a claim of title
based upon a source of title, which source has then been of
record at least 40 years, no action affecting the possession or
title of any real estate shall be commenced by a person,
partnership, corporation, other legal entity, state, or any
political division thereof, after January 1, 1948, to enforce
any right, claim, interest, incumbrance, or lien founded upon
any instrument, event or transaction which was executed or
occurred more than 40 years prior to the commencement of such
action, unless within 40 years after such execution or
occurrence there has been recorded in the office of the county
recorder or filed in the office of the registrar of titles in
the county in which the real estate affected is situated, a
notice sworn to by the claimant or the claimant's agent or
attorney setting forth the name of the claimant, a description
of the real estate affected and of the instrument, event or
transaction on which such claim is founded, and stating whether
the right, claim, interest, incumbrance, or lien is mature or
immature. If such notice relates to vested or contingent rights
claimed under a condition subsequent or restriction it shall
affirmatively show why such condition or restriction is not, or
has not become nominal so that it may be disregarded under the
provisions of Minnesota Statutes 1945, section 500.20,
subdivision 1.
Sec. 32. Minnesota Statutes 2000, section 541.023,
subdivision 2, is amended to read:
Subd. 2. [APPLICATION.] (a) This section shall apply to
every right, claim, interest, incumbrance, or lien founded by
any instrument, event, or transaction that is at least 40 years
old at the date hereof, or which will be 40 years old prior to
January 1, 1948, except those under which the claimant
thereunder shall file a notice as herein provided prior to
January 1, 1948.
(b) This section applies to repurchase options or other
rights of repurchase that encumber an interest in land based
upon an instrument other than a deed of conveyance granted by a
governmental body, agency, or subdivision, unless within 40
years of the recording or filing of the instrument a notice is
recorded or filed under subdivision 1. This paragraph does not
revive repurchase options or rights of repurchase barred by
subdivision 1.
(c) This section does not apply to actions to enforce
rights, claims, interests, encumbrances, or liens arising out of
private covenants, conditions, or restrictions to which section
500.20, subdivision 2a, or successor statutes do not apply.
Sec. 33. Minnesota Statutes 2000, section 541.023, is
amended by adding a subdivision to read:
Subd. 2a. [REGISTERED PROPERTY NOT AFFECTED.] (a) Except
as provided in paragraph (b), this section does not apply to
real property while it remains registered according to chapter
508 or 508A.
(b) This subdivision does not affect an action or
proceeding involving the validity of a claim of title based upon
a source of title which has been of record at least 40 years if:
(i) the action or proceeding is pending on the effective
date of this subdivision or is commenced before February 1,
2002; and
(ii) a notice of the pendency of the action or proceeding
is recorded or filed before February 1, 2002, in the office of
the registrar of titles of the county in which the real property
affected by the action or proceeding is located.
Sec. 34. Minnesota Statutes 2000, section 541.023,
subdivision 4, is amended to read:
Subd. 4. [NOTICES, FILING OR RECORDING; FEE.] County
recorders and registrars of titles are hereby directed to accept
for recording or filing notices conforming with the provisions
hereof, and to charge therefor fees corresponding with the fees
charged for filing notices of lis pendens of similar length.
Such notices may be discharged in the same manner as notices of
lis pendens, and, when so discharged, shall, together with all
information included therein, cease to constitute either actual
or constructive notice.
Sec. 35. Minnesota Statutes 2000, section 541.023,
subdivision 6, is amended to read:
Subd. 6. [LIMITATIONS; CERTAIN TITLES NOT AFFECTED.] This
section shall not affect any rights of the federal government;
nor increase the effect as notice, actual or constructive, of
any instrument now of record; nor bar the rights of any person,
partnership or corporation in possession of real estate. This
section shall not impair the record title or record interest, or
title obtained by or through any congressional or legislative
grant, of any railroad corporation or other public service
corporation or any trustee or receiver thereof or of any
educational or religious corporation in any real estate by
reason of any failure to file or record further evidence of such
title or interest even though the record thereof is new or
hereafter more than 40 years old; nor shall this section require
the filing of any notice as provided for in this act as to any
undischarged mortgage or deed of trust executed by any such
corporation or any trustee or receiver thereof or to any claim
or action founded upon any such undischarged mortgage or deed of
trust. The exceptions of this subdivision shall not include (a)
reservations or exceptions of land for right of way or other
railroad purposes contained in deeds of conveyance made by a
railroad company or by trustees or receivers thereof, unless
said reserved or excepted land shall have been put to railroad
use within 40 years after the date of said deeds of conveyance,
(b) nor any rights under any conditions subsequent or
restrictions contained in any such deeds of conveyance. This
act shall not affect any action or proceeding which is now or on
January 1, 1948, shall be pending, for the determination of
validity of the title to real estate.
Sec. 36. Minnesota Statutes 2000, section 541.023,
subdivision 7, is amended to read:
Subd. 7. [SOURCE OF TITLE.] For the purposes of this
section, the words "source of title" as used in subdivision 1
hereof shall mean any deed, judgment, decree, sheriff's
certificate, or other instrument which transfers or confirms, or
purports to transfer or confirm, a fee simple title to real
estate, including any such instrument which purports to
transfer, or to confirm the transfer of a fee simple title from
a person who was not the record owner of the real estate.
However, any such instrument which purports to transfer, or to
confirm the transfer of, a fee simple title from a person who
was not the record owner of the real estate to the grantee or
transferee named in such instrument shall be deemed a source of
title "of record at least 40 years" within the meaning of
subdivision 1 only if, during the period of 40 years after it
was recorded, the following two conditions are fulfilled: (1)
another instrument was recorded which purports to transfer a fee
simple title from said grantee or transferee to another person
and (2) no instrument was recorded which purports to be or
confirm a transfer of any interest in the real estate by or from
whoever was the record owner in fee simple immediately before
the commencement of said period of 40 years. The purpose of the
next preceding sentence is to limit the effect of erroneous
descriptions or accidental conveyances. Insofar as this
subdivision 7 may bar any claim not otherwise barred or
extinguished by this section or by some other statute, it shall
not be effective until June 1, 1960, and it shall not then apply
to any such claim with respect to which a notice has been filed
under the provisions of this section prior to that date. This
subdivision 7 shall not affect any action or proceeding which is
now, or on or before June 1, 1960, shall be, pending in any
court.
Sec. 37. [REPEALER.]
Minnesota Statutes 2000, sections 508.71, subdivision 7;
508A.22, subdivision 2; 508A.27; and 508A.351, subdivision 1,
are repealed.
Sec. 38. [INSTRUCTION TO REVISOR.]
(a) The revisor of statutes shall change the headnote for
Minnesota Statutes, section 508.51, to read "VOLUNTARY
INSTRUMENT."
(b) The revisor of statutes shall change the headnote for
Minnesota Statutes, section 508.421, to read "EXCHANGE
CERTIFICATE."
(c) The revisor of statutes shall change the headnote for
Minnesota Statutes, section 508A.22, to read "EXAMINER'S
DIRECTIVE; FEES."
(d) The revisor of statutes shall change the headnote for
Minnesota Statutes, section 508A.351, to read "CONDOMINIUM
CERTIFICATE."
Sec. 39. [EFFECTIVE DATE.]
(a) Section 1 is effective the day following final
enactment and applies to all easements, conditions,
restrictions, and other servitudes created before, on, or after
the effective date.
(b) Section 1 does not affect an action or proceeding
involving the validity of an easement, condition, restriction,
or other servitude if:
(1) the action or proceeding is pending as of the effective
date of section 1, or is commenced before February 1, 2002; and
(2) a notice of the pendency of the action or proceeding is
recorded or filed before February 1, 2002, in the office of the
county recorder or registrar of titles of the county in which
the property affected by the action or proceeding is located.
Presented to the governor April 23, 2001
Signed by the governor April 26, 2001, 10:25 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes