1997 Minnesota Statutes

     508.52 Conveyance; old certificate canceled; new issued.

    An owner of registered land who desires to convey the land, 
 or a portion thereof, in fee, shall execute a deed of 
 conveyance, and file the deed, together with the owner's 
 duplicate certificate, with the registrar.  The registrar shall 
 require an affidavit by the grantee, or some person in the 
 grantee's behalf, which affidavit shall set forth the name and 
 residence of the grantee, whether the grantee is 18 years of age 
 or older, and whether the grantee is or is not under legal 
 incapacity, whether or not married, and, if married, the name of 
 the spouse.  The deed of conveyance shall be filed and endorsed 
 with the number and place of registration of the owner's 
 certificate.  Before canceling the outstanding certificate of 
 title the registrar shall show by memorial thereon the 
 registration of the deed on the basis of which it is canceled.  
 The encumbrances, claims, or interests adverse to the title of 
 the registered owner shall be stated upon the new certificate, 
 except so far as they may be simultaneously released or 
 discharged.  The owner's duplicate certificate and the original 
 certificate of title shall be marked "Canceled" by the 
 registrar, who shall enter in the register a new certificate of 
 title to the grantee, and prepare and deliver to the grantee a 
 new owner's duplicate certificate.  If a deed in fee is for a 
 portion of the land described in a certificate of title, the 
 memorial of the deed entered by the registrar shall include the 
 legal description contained in the deed and the registrar shall 
 enter a new certificate of title to the grantee for the portion 
 of the land conveyed and, except as otherwise provided in this 
 section, issue a residue certificate of title to the grantor for 
 the portion of the land not conveyed.  The registrar shall 
 prepare and deliver to each of the parties a new owner's 
 duplicate certificate for their respective certificates.  In 
 lieu of canceling the grantor's certificate of title and issuing 
 a residue certificate and owner's duplicate certificate to the 
 grantor for the portion of the land not conveyed, the registrar 
 may if the grantor's deed does not divide a parcel of unplatted 
 land, and in the absence of a request to the contrary by the 
 registered owner, mark by the land description on both the 
 owner's duplicate certificate of title and the original 
 certificate of title "Part of land conveyed, see memorials".  
 The fee for a residue certificate of title shall be paid to the 
 registrar only when the grantor's certificate of title is 
 canceled after the conveyance by the grantor of a portion of the 
 land described in the grantor's certificate of title.  When two 
 or more successive conveyances of the same property are filed 
 for registration on the same day the registrar may enter a 
 certificate in favor of the grantee or grantees in the last of 
 the successive conveyances, and the memorial of the previous 
 deed or deeds entered on the prior certificate of title shall 
 have the same force and effect as though the prior certificate 
 of title had been entered in favor of the grantee or grantees in 
 the earlier deed or deeds in the successive conveyances.  The 
 fees for the registration of the earlier deed or deeds shall be 
 the same as the fees prescribed for the entry of memorials.  The 
 registrar of titles, with the consent of the transferee, may 
 mark "See memorials for new owner(s)" by the names of the 
 registered owners on both the original certificate of title and 
 the owner's duplicate certificate of title and also add to the 
 memorial of the transferring conveyance a statement that the 
 memorial shall serve in lieu of a new certificate of title in 
 favor of the grantee or grantees therein noted and may refrain 
 from canceling the certificate of title until the time it is 
 canceled by a subsequent transfer, and the memorial showing such 
 transfer of title shall have the same effect as the entry of a 
 new certificate of title for the land described in the 
 certificate of title; the fee for the registration of a 
 conveyance without cancellation of the certificate of title 
 shall be the same as the fee prescribed for the entry of a 
 memorial.  

    HIST: (8298) RL s 3420; 1905 c 305 s 50; 1949 c 173 s 1; 1979 
 c 13 s 1; 1986 c 444; 1994 c 388 art 3 s 18