1998 Minnesota Statutes

CHAPTER 508A. Registration without court proceedings

     508A.01 Registration; purpose; definition. 

    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. 

    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 the 
 examiner's supplemental directive is filed on the 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.  

    Subd. 3.    Definition.  For the purposes of sections 
 508A.01 to 508A.85, the term "possessory estate in land" means a 
 fee simple estate held by an owner who (1) has been found on 
 examination by the examiner of titles pursuant to section 
 508A.13 to be the record owner of the land described; and (2) 
 has satisfied the examiner of titles that the owner is in actual 
 or constructive possession of the land described. 

    HIST: 1982 c 396 s 1; 1983 c 92 s 23; 1986 c 444; 1996 c 338 
 art 1 s 5; 1997 c 7 art 1 s 164 

     508A.02 Registered, unregistered land subject to same 
  incidents. 

    Subdivision 1.    Effect of registration.  Land 
 registered under sections 508A.01 to 508A.85 shall be registered 
 subject to the rights of persons in possession, if any, and 
 rights which would be disclosed by a survey, except that no 
 title in derogation of that of the registered owner shall be 
 acquired by prescription or adverse possession after the date of 
 the first CPT; otherwise, land registered under sections 508A.01 
 to 508A.85 shall be subject to the same rights, protections, 
 burdens, and incidents which attach by law to lands as provided 
 in section 508.02.  

    Subd. 2.    District court jurisdiction.  District court 
 jurisdiction for all proceedings subsequent to the initial CPT 
 shall be as provided in chapter 508.  

    HIST: 1982 c 396 s 2 

     508A.03 Application. 

    An application for registration of a possessory estate in 
 land under a CPT may be made by any person or persons who may 
 register land initially under section 508.03, provided they have 
 a possessory estate in land as defined in section 508A.01, 
 subdivision 3.  

    HIST: 1982 c 396 s 3 

     508A.04 Titles which may be registered. 

    Subdivision 1.    Applicant's right to changeover.  Any 
 applicant holding a possessory estate in land as defined in 
 section 508A.01, subdivision 3, may apply for registration under 
 sections 508A.01 to 508A.85 and, once qualified, may changeover 
 from a CPT to a certificate of title pursuant to section 508A.85.

    Subd. 2.    Application of CPTs.  Except as provided in 
 subdivision 1, section 508.04, subdivision 1, applies with equal 
 force and effect to CPTs under sections 508A.01 to 508A.85.  

    HIST: 1982 c 396 s 4 

     508A.05 Applications; how signed and verified. 

    The application for a CPT shall be signed and verified as 
 provided in section 508.05.  

    HIST: 1982 c 396 s 5 

     508A.06 Contents of application; claimants' rights, 
  privileges. 

    The application shall set forth substantially:  

    (1) The full name and address 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 address 
 of the person so acting, and the capacity in which the person 
 acts; if the applicant is not an individual, the application 
 shall include the full legal name and type of entity, the state 
 of organization, and the address of its principal place of 
 business; 

    (2) Whether the applicant is or is not married and if 
 married, the full name and address of the spouse; whether the 
 applicant is or is not 18 years of age or older; whether or not 
 the applicant is under any legal incapacity, and if so the 
 nature of the incapacity; 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 a required address is unknown to the applicant 
 after due and diligent search, it shall be so stated; 

    (10) The facts supporting applicant's claim to a possessory 
 estate in land as defined in section 508A.01, subdivision 3.  

    HIST: 1982 c 396 s 6; 1983 c 92 s 24; 1986 c 444; 1996 c 338 
 art 1 s 6 

     508A.07 Nonresident applicant; agent. 

    If not a resident of the state, the applicant shall file 
 for record with the county recorder a written agreement, duly 
 executed and acknowledged, appointing an agent residing in the 
 state.  The applicant shall state in it the full name and post 
 office address of this agent and agree in it that the service of 
 any legal process in proceedings under or growing out of any 
 application shall be of the same legal effect when made on this 
 agent as if made on the applicant within the state.  If the 
 agent so appointed dies or removes from the state, the applicant 
 shall at once appoint another agent in like manner and, if 
 failing so to do, the examiner of titles may dismiss the 
 application.  In any subsequent application made, the applicant 
 may refer to the written authority so recorded, provided it is 
 sufficiently comprehensive to include the subsequent application.

    HIST: 1982 c 396 s 7; 1986 c 444 

     508A.08 Lands included in application. 

    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.  

    HIST: 1982 c 396 s 8 

     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.  

    HIST: 1982 c 396 s 9 

     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, 
 initial directives, and supplemental directives to the registrar 
 regarding initial CPTs, owner's duplicates pursuant to section 
 508A.44 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. 

    HIST: 1982 c 396 s 10 

     508A.11 Application filed with recorder; abstract to 
  examiner; fee. 

    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.  

    Subd. 2.    Abstract supplied.  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.  

    Subd. 3.    Fees.  Before the examiner of titles 
 examines the abstract of title, the applicant shall pay to the 
 registrar of titles the fee provided by section 508A.82, clause 
 (17). 

    HIST: 1982 c 396 s 11; 1985 c 281 s 16; 1992 c 463 s 15 

     508A.12 Examiner of titles; deputies. 

    The examiner of titles and deputy examiners shall be those 
 appointed pursuant to the provisions of section 508.12 and shall 
 hold office and be compensated as provided in that section.  

    HIST: 1982 c 396 s 12 

     508A.13 Examiner's reports. 

    Subdivision 1.    Examination of documents.  After the 
 filing of the application for a CPT, the examiner of titles 
 shall proceed to prepare a full written report to the applicant 
 or the applicant's attorney based upon the examiner's 
 examination of the application, abstract of title, and the 
 public records.  

    Subd. 2.    Report.  The examiner's report shall set 
 forth all rights, titles, estates, liens, and interests in the 
 real property.  When in the opinion of the examiner the state 
 has any interest in or lien upon the real property, this shall 
 be fully set forth.  The report shall be mailed to the applicant 
 or the applicant's attorney and a copy shall be retained by the 
 examiner.  

    Subd. 3.    Suspension of proceedings.  The proceeding 
 shall be suspended so long as the report of the examiner is 
 adverse to the applicant or so long as valid written objections 
 are still outstanding.  The examiner shall mail written notice 
 of the suspension to the applicant or the applicant's attorney.  

    Subd. 4.    Mailed notice.  The applicant or the 
 applicant's attorney shall furnish the examiner on a prescribed 
 form a list of the names and addresses of the persons listed by 
 the examiner as having any right, title, estate, lien, or 
 interest in the land sought to be registered under sections 
 508A.01 to 508A.85.  If the addresses of any of these persons 
 cannot be ascertained after a due and diligent search, the 
 applicant or the applicant's attorney shall certify that fact.  

    There also shall be furnished to the examiner stamped 
 envelopes addressed to those parties listed by the examiner 
 whose addresses can be ascertained and a copy of the notice for 
 each of these parties in the form prescribed in subdivision 5. 
 The examiner shall then send by mail a copy of the notice to 
 each of these parties.  The certificate of the examiner that the 
 examiner has mailed the notice shall be conclusive proof of 
 mailing and shall be retained as a part of the examiner's files. 

    Subd. 5.    Form of notice.  The examiner's notice shall 
 be substantially in the following form:  

             NOTICE OF APPLICATION FOR CERTIFICATE OF 

                         POSSESSORY TITLE 

 NOTICE IS HEREBY GIVEN, That ................................ has
 made application for the issuance of a Certificate of Possessory
 Title pursuant to sections 508A.01 to 508A.85 for land lying and 
 being in the State of Minnesota, County of .................,
 described as follows:
              (Description of land)

 Subject to:
               (List encumbrances)

 NOTICE is further given that a Certificate of Possessory Title
 containing only the encumbrances as described above will be
 issued to the applicant unless a valid written objection is
 submitted to the Examiner of Titles within 20 days from
 ......................., ....., the date of mailing of this 
 notice.

                             Signed ............................
                                         Examiner of Titles

                             Address ...........................
                                     ...........................

    Subd. 6.    Duty to advise registrar.  The examiner, 
 upon the request of the registrar, shall advise the registrar 
 upon any act or duty pertaining to the conduct of office, and 
 prepare the form of any memorial to be entered by the registrar. 

    HIST: 1982 c 396 s 13; 1986 c 444; 1998 c 254 art 1 s 107 

     508A.14 County surveyor. 

    At the request of the examiner of titles, the county 
 surveyor shall perform the functions set forth in section 
 508.14.  All plats of survey made by the county surveyor 
 pursuant to this section shall be filed with the examiner or 
 registrar.  

    HIST: 1982 c 396 s 14 

     508A.17 Limitation on actions. 

    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.  

    Subd. 2.    No adverse interest renewed.  Any claimant 
 to any interest adverse to the applicant already barred by some 
 other statute or rule of law shall not acquire any renewed 
 rights or extensions by reason of sections 508A.01 to 508A.85. 

    HIST: 1982 c 396 s 15; 1983 c 92 s 25 

     508A.21 CPT application withdrawal; conversion to full 
  registration. 

    At any time prior to the issuance of the first CPT, the 
 applicant or successor in interest may withdraw the application 
 by filing for record in the office of the county recorder a 
 verified statement of withdrawal, and a duplicate of it shall be 
 delivered to the examiner of titles.  The applicant may convert 
 the application to a full registration pursuant to chapter 508, 
 at any time on complying with all of the requirements of it.  If 
 any proceeding has been suspended as provided in section 
 508A.13, subdivision 3, for more than 30 days, the examiner may 
 file in the office of the county recorder a notice of 
 termination of the proceeding.  

    HIST: 1982 c 396 s 16; 1986 c 444 

     508A.22 Examiner's directive; supplemental directives; 
  fees. 

    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) all outstanding rights, titles, estates, liens, and 
 interests set forth in the examiner's report; and (c) the rights 
 of persons in possession, if any, and any rights which would be 
 disclosed by a survey.  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 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.  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. 

    Subd. 2.    Supplemental directive.  When the directive 
 has been issued pursuant to subdivision 1, the abstract of title 
 shall be continued through the date the directive was filed with 
 the registrar of titles and then delivered to the examiner.  On 
 determining that the applicant is the record owner after an 
 examination of the continued abstract and the public records, 
 the examiner shall issue a supplemental directive to the 
 registrar of titles directing the registrar to show by memorial 
 that the five year statute of limitations provided by section 
 508A.17 will begin on the date the supplemental directive is 
 filed on the CPT, to show as memorials any additional liens, 
 encumbrances, or other interests affecting the land, and to 
 delete the memorials of any liens, encumbrances or other 
 interests which were satisfied, released or discharged prior to 
 the issuance of the CPT.  The supplemental directive of the 
 examiner shall then be filed as a memorial upon the CPT.  Each 
 additional lien, encumbrance, or other interest noted in the 
 supplemental directive shall be shown as a separate memorial on 
 the CPT in addition to the memorial of the supplemental 
 directive.  The abstract of title shall be delivered to the 
 registrar of titles who shall retain it, but it shall not be 
 entered as a memorial on the CPT.  Until the abstract of title 
 has been delivered to the registrar of titles, the registrar 
 shall not deliver the owner's duplicate CPT to the registered 
 owner nor accept for filing any instrument executed by the 
 registered owner.  

    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 an original 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).  

    HIST: 1982 c 396 s 17; 1986 c 444; 1994 c 388 art 3 s 4 

     508A.24 Registration runs with land. 

    The receiving of a CPT shall be deemed to be an agreement 
 running with the land and binding upon the applicant and 
 successors in the possessory title to the effect that the land 
 shall be and forever remain registered land, subject to the 
 provisions of sections 508A.01 to 508A.85.  All dealings with 
 the land, or any estate or interest in it, after the land has 
 been registered shall be expressly subject to the terms and 
 provisions of sections 508A.01 to 508A.85. 

    HIST: 1982 c 396 s 18; 1986 c 444 

     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; 

    (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.  

    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. 

    HIST: 1982 c 396 s 19; 1983 c 92 s 26; 1991 c 291 art 18 s 15; 
 1992 c 511 art 9 s 21 

     508A.27 Title acquired pending examiner's supplemental 
  directive. 

    If, after the issuance of a CPT in favor of the applicant, 
 the records disclose that the applicant's estate in the land has 
 been transferred to another person prior to the issuance of the 
 CPT, the examiner shall not issue a supplemental directive until 
 an application by the transferee has been filed in the manner 
 provided in sections 508A.01 to 508A.85.  Upon the filing of the 
 application and being satisfied that the transferee is entitled 
 to a CPT, the examiner shall issue a supplemental directive 
 pursuant to section 508A.22, subdivision 2, which shall further 
 direct the registrar to cancel the outstanding CPT and issue a 
 new CPT to the transferee.  

    HIST: 1982 c 396 s 20; 1986 c 444 

     508A.29 Appeals. 

    An appeal may be taken to the court of appeals from any 
 order of the district court relating to land registered under 
 sections 508A.01 to 508A.85 within 90 days after the entry of 
 the order.  The appeal shall be as in other civil cases.  

    HIST: 1982 c 396 s 21; 1983 c 247 s 185 

     508A.30 Registrar of titles. 

    County recorders are the registrars of titles in their 
 respective counties.  

    HIST: 1982 c 396 s 22 

     508A.31 Registrar's bond. 

    Before entering upon the duties of office, the registrar of 
 titles shall execute a bond to the state for an amount and with 
 sureties as may be determined by the county board.  The bond 
 shall be approved by the district court, filed in the office of 
 the county recorder, and conditioned for the faithful discharge 
 of duties.  A copy of the bond shall be filed and entered upon 
 the records of the court.  

    HIST: 1982 c 396 s 23; 1986 c 444 

     508A.32 Under control of court; affixing seal. 

    The registrar of titles shall be at all times under the 
 control of the district court, which may adopt rules governing 
 the conduct of office as it may deem wise.  Every registrar of 
 titles shall have an official seal and affix it to all documents 
 requiring the registrar's official signature.  Provided, 
 however, that instead of affixing the registrar's official seal 
 to CPTs, the registrar may use a printed facsimile of it at all 
 points in the CPT where the official seal is required.  

    HIST: 1982 c 396 s 24; 1986 c 444 

     508A.321 Appeal from registrar's decisions. 

    If the registrar rejects a document for filing, a party in 
 interest may refer the matter to the examiner of titles for 
 review.  The examiner of titles may approve the document for 
 filing by endorsing the words "Approved for Filing" on the 
 document.  Upon approval, the registrar shall accept the 
 document for filing. 

    HIST: 1994 c 388 art 3 s 6 

     508A.33 Deputies. 

    The registrar of titles may appoint one or more deputy 
 registrars of titles, who may also be deputy county recorders, 
 to act in the registrar's stead.  Deputy registrars shall act in 
 the name of the registrar and their acts shall be the 
 registrar's acts.  The registrar shall be liable for any neglect 
 or omission of a deputy to the same extent as for the 
 registrar's own neglect or omission.  The registrar may, with 
 the consent of the county board, employ clerks as may be 
 required to properly perform the duties of office.  In all 
 counties in which the county recorder does not receive the fees 
 of the office in lieu of a salary, the county board shall fix 
 the compensation of all deputy registrars and clerks appointed 
 or employed by the registrar which shall be paid out of any 
 county funds not otherwise appropriated.  

    HIST: 1982 c 396 s 25; 1986 c 444 

     508A.34 CPTs; entering and binding. 

    The registrar shall enter all first and subsequent CPTs by 
 binding or entering them in the order of their numbers in a book 
 to be known as the "Register of Titles; CPT."  The entering and 
 binding shall be done in the same manner, with the same 
 procedures, and to the same effect as for certificates of title 
 under section 508.34.  

    HIST: 1982 c 396 s 26 

     508A.349 Official signature of registrar of titles. 

    When the official signature of the registrar of titles, or 
 that of a deputy, is required under section 508A.35 or 508A.38, 
 an electronically generated facsimile signature or name may be 
 used. 

    HIST: 1998 c 314 s 9 

     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, 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; 

    (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 
 ...................., ..... 

 ...................................
                           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.  

    HIST: 1982 c 396 s 27; 1983 c 92 s 27; 1986 c 444; 1994 c 388 
 art 3 s 8; 1998 c 254 art 1 s 107 

     508A.351 Required memorial on CPT. 

    Subdivision 1.    Memorials.  In addition to memorials 
 of all rights, titles, estates, liens, and interests set forth 
 in the examiner's directives issued pursuant to section 508A.22, 
 each CPT shall contain a memorial which shall contain 
 substantially the following language:  "The above described land 
 is subject to the rights of persons in possession, if any, and 
 any rights which would be disclosed by a survey, except as such 
 rights are limited by section 508A.02, subdivision 1."  

    Subd. 2.    Removal.  The registrar of titles shall 
 carry forward the memorial set forth in subdivision 1 until 
 directed to remove it by a court order as provided for in 
 section 508A.71. 

    HIST: 1982 c 396 s 28 

     508A.36 Certificates and copies as evidence. 

    The first CPT and all subsequent ones shall have the same 
 evidentiary force as provided for certificates of title in 
 section 508.36.  

    HIST: 1982 c 396 s 29 

     508A.37 Tract indexes; reception books; forms of records.

    The registrar shall keep tract indexes, reception books, 
 and forms of records for CPTs, and shall perform the duties 
 relating to it in the same manner that is required of the 
 registrar under sections 508.37 and 508A.38.  

    HIST: 1982 c 396 s 30 

     508A.38 Forms of records adopted. 

    Every instrument affecting the title to land, filed with 
 the registrar pursuant to sections 508A.01 to 508A.85, shall be 
 numbered by the registrar who shall endorse upon the same over 
 the registrar's official signature, OFFICE OF THE REGISTRAR OF 
 TITLES, ... COUNTY, MINNESOTA, CERTIFIED AND FILED ON, together 
 with the date, hour, and minute when the same is filed, the 
 document number thereof, and a reference to its proper CPT.  
 Every instrument shall be retained by the registrar and regarded 
 as registered from the time of filing except that the 
 instruments may be copied or reproduced as provided by section 
 15.17, and the copies or reproductions of them substituted for 
 the originals with the equal force and effect as they have.  The 
 originals may be then destroyed as provided by section 15.17.  
 When the memorial of any instrument is made upon any CPT, the 
 date, number, and time of filing of it shall also be endorsed 
 upon the CPT.  All records and papers relating to registered 
 land in the office of the registrar shall be open to the 
 inspection of the public at the times and under the conditions 
 as the court may prescribe.  Duplicates of all instruments, 
 voluntary or involuntary, filed and registered with the 
 registrar, may be presented with the originals, and shall 
 thereupon be endorsed with the file number, and other memoranda 
 on the originals, and may be attested and sealed by the 
 registrar, and returned to the person presenting it.  The 
 registrar shall furnish certified copies of the instruments 
 filed and registered in the registrar's office, upon payment of 
 a fee as provided in section 357.18.  The court shall adopt 
 general forms of memorials and notations to be used by the 
 registrars in registering the common forms of conveyance and 
 other instruments. 

    HIST: 1982 c 396 s 31; 1986 c 444; 1994 c 388 art 3 s 11; 1998 
 c 314 s 11 

     508A.381 Official records; compilation, maintenance, and 
  storage of information. 

    The registrar of titles may select and use alternative 
 methods for the compilation, maintenance, and storage of the 
 information contained in the official records listed in sections 
 508A.34 and 508A.37, subject to the following conditions: 

    (1) the methods selected must provide for access to the 
 information contained in the records by those authorized by law 
 to have access to that information; and 

    (2) the methods selected must provide for the preservation 
 of the information contained in the records to the extent 
 specified by law. 

    HIST: 1998 c 314 s 10 

     508A.39 Notices after registration; service. 

    All notices required by sections 508A.01 to 508A.85, after 
 the original registration, either by the registrar or by the 
 court, shall be served on the persons to be notified in the 
 following manner:  The notice shall be served upon a resident of 
 the state in the manner now provided by law for the service of a 
 summons in a civil action, and the same proof of service shall 
 be made.  It shall be served upon a person who is not a resident 
 of the state by sending the same by mail to the person at the 
 person's post office address, as stated in the CPT or in any 
 registered instrument on file with the registrar.  The 
 certificate of the registrar or court administrator that any 
 notice has been mailed as required shall be conclusive proof of 
 the service of the notice, but the court may, in any case, order 
 different or other service of it by publication or otherwise.  

    HIST: 1982 c 396 s 32; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     508A.40 Owner's duplicate receipt. 

    At the time the first CPT is entered, the registrar shall 
 make a duplicate of it, endorsing across the face of the 
 duplicate the words "Owner's Duplicate CPT" and deliver it to 
 the owner or the owner's authorized attorney.  The registrar 
 shall, in every case, when it is practicable so to do, take from 
 the owner a receipt for the duplicate CPT, which shall be signed 
 by the owner in person.  In the case of multiple owners the 
 receipt may be executed by any one of the owners.  The receipt, 
 when signed and delivered in the office of the registrar, shall 
 be witnessed by the registrar or the registrar's deputy.  If the 
 receipt is signed elsewhere, it shall be acknowledged in the 
 same manner as a deed.  The receipt shall be prima facie 
 evidence of the genuineness of the signature.  

    HIST: 1982 c 396 s 33; 1986 c 444 

  508A.41 Repealed, 1983 c 92 s 38 

  508A.42 Repealed, 1983 c 92 s 38 

     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.  

    HIST: 1983 c 92 s 28 

     508A.43 Effective date of CPT. 

    When entered in the register, the first CPT shall relate 
 back to and take effect as of the date the examiner's of titles 
 directive is filed with the registrar of titles pursuant to 
 section 508A.22, subdivision 1.  

    HIST: 1982 c 396 s 36 

     508A.44 Loss of duplicate CPTs. 

    Subdivision 1.    Court proceeding.  If any duplicate 
 CPT is lost or destroyed or cannot be produced, a duly verified 
 statement, setting forth the facts relating to it, may be filed 
 with the registrar by the registered owner, or other person in 
 interest.  Upon application, after due notice and hearing, the 
 court may direct the registrar to issue a new duplicate CPT 
 containing a memorandum of the fact that it is issued in place 
 of a lost duplicate CPT, which shall be entitled to like faith 
 and credit as the original duplicate.  

    Subd. 2.    Alternate proceeding.  In lieu of the court 
 directive to the registrar to issue a new duplicate CPT under 
 subdivision 1, the registrar of titles shall issue a duplicate 
 CPT when directed to do so by the examiner of titles.  The 
 directive of the examiner shall be in writing after posting a 
 notice addressed "TO WHOM IT MAY CONCERN" fixing a time when the 
 examiner shall direct the issuance of a new duplicate CPT unless 
 valid objections to it are delivered to the examiner's office 
 prior to the specified time.  The notice shall be posted on a 
 bulletin board provided for the posting of legal notices at the 
 courthouse at least seven days prior to the date fixed for the 
 issuance of the directive.  No directive shall be issued by the 
 examiner unless all persons in interest have signed and verified 
 a statement setting forth the facts relating to the reasons why 
 the duplicate CPT cannot be produced, the statement is 
 memorialized upon the CPT and there is satisfactory evidence as 
 to the identity of the signers and the facts relating to the 
 loss or destruction of the duplicate CPT.  Persons in interest 
 in the case of an owner's duplicate CPT are the registered 
 owners or their probate representatives.  

    HIST: 1982 c 396 s 37; 1986 c 444; 1992 c 463 s 16 

     508A.45 Court may order duplicate cpt produced. 

    If the registrar of titles is requested to enter a new CPT 
 in pursuance of an instrument which purports to be executed by 
 the registered owner and the outstanding owner's duplicate CPT 
 is not presented for cancellation when the request is made, the 
 registrar of titles shall not enter a new CPT until authorized 
 so to do by order of the district court.  The person who claims 
 to be entitled to it may apply for it to the district court, and 
 after due notice and hearing, the court may order the registered 
 owner, or any person withholding the duplicate CPT, to surrender 
 it, and direct the entry of a new CPT upon the surrender.  If 
 the person withholding the duplicate CPT is not amenable to the 
 process of the court, or if for any reason the outstanding 
 owner's duplicate CPT cannot be delivered up, the court may by 
 decree annul it, and order a new CPT to be entered.  

    HIST: 1982 c 396 s 38; 1986 c 444; 1992 c 463 s 17; 1994 c 388 
 art 3 s 13 

     508A.46 Plats of registered land. 

    The owner of land registered under sections 508A.01 to 
 508A.85 may plat it and subdivide it into lots and blocks in 
 like manner as in the case of unregistered land.  All laws with 
 reference to the subdivision and platting of unregistered land 
 shall apply with like force and effect to registered land 
 excepting only that the surveyor's plat of it shall be filed 
 with the registrar.  

    HIST: 1982 c 396 s 39; 1983 c 216 art 1 s 72 

     508A.47 Registered lands; transfer, surveys. 

    Subdivision 1.    Conveyances.  An owner of land 
 registered under sections 508A.01 to 508A.85 may convey, 
 mortgage, lease, charge, or otherwise deal with the same as 
 fully as if it had not been registered.  The owner may use any 
 form of deed, mortgage, lease, or other voluntary instrument 
 sufficient in law for the purpose intended.  No voluntary 
 instrument of conveyance purporting to convey or affect the 
 registered land, except a will, and a lease for a term not 
 exceeding three years, shall take effect as a conveyance, or 
 bind or affect the land, but shall operate only as a contract 
 between the parties, and as authority to the registrar to make 
 registration.  The act of registration shall be the operative 
 act to convey or affect the land.  

    Subd. 2.    Registered land survey.  The registrar of 
 titles may 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 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."  

    Subd. 3.    Definitions.  (a) A full government 
 subdivision is defined as a government lot, a quarter-quarter 
 section, a quarter-quarter-quarter section ad infinitum; 

    (b) A simple fractional part of a full government 
 subdivision is defined as:  one-half; two-thirds; one-fourth, 
 and similar fractions; 

    (c) A simple quantity part of a full government subdivision 
 is defined as:  20 acres; 200 feet, ten chains, and similar 
 quantities.  

    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 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.  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 duly certify and furnish to any person 
 a copy of the registered land survey.  The copy shall be 
 admissible in evidence.  

    Subd. 5.    Filing registered land survey.  The 
 registered land survey shall be filed in the office of the 
 registrar of titles, who shall number each registered land 
 survey, the numbers to run consecutively beginning with the 
 number "1."  One copy of each registered land survey shall be 
 retained by the registrar of titles as a master copy, one copy 
 filed in a registered land survey register in the registrar's 
 office and made available to the public, and one copy delivered 
 to the county auditor who may thereafter refer to it in 
 connection with the tax descriptions when convenient.  
 Thereafter the tracts in each registered land survey shall be 
 known as Tract ....., registered land survey No. ...., and all 
 conveyances shall describe said property accordingly; but the 
 registrar shall not accept for filing and registration any 
 conveyance of unplatted registered land if the land is described 
 in the conveyance according to a registered land survey which 
 has not been approved as provided in subdivision 4 unless the 
 approval of the body authorized to approve subdivision plats is 
 endorsed on it or attached to it.  

    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.  Land conveyed by reference 
 to a registered land survey shall be deemed to be conveyed by 
 metes and bounds.  

    Subd. 7.    Applies to transfers of parts of lots.  The 
 provisions of this section shall also be applied to the transfer 
 of parts of lots, outlots and unlotted blocks, when the language 
 necessary to describe the parts in other than by simple 
 fractional or quantity parts thereof.  

    HIST: 1982 c 396 s 40; 1983 c 92 s 29; 1985 c 16 s 6,7; 1985 c 
 281 s 17; 1986 c 444; 1994 c 388 art 3 s 15 

     508A.48 Filed instrument affecting title is 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.  

    HIST: 1982 c 396 s 41; 1983 c 92 s 30 

     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 
 cancellation of interests shall be registered in the same manner.

    HIST: 1982 c 396 s 42; 1983 c 92 s 31 

     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.  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. 

    HIST: 1982 c 396 s 43; 1983 c 92 s 32 

     508A.51 When owner's duplicate must be presented; 
  exceptions. 

    Subdivision 1.    If voluntary instrument; exception:  
 court order.  Except as provided in subdivision 2, no new CPT 
 shall be entered or issued, and no memorial shall be made upon 
 any CPT in pursuance of any deed or other voluntary instrument 
 made by the registered owner or the registered owner's 
 attorney-in-fact, unless the owner's duplicate is presented with 
 it, except upon the order of the court.  When an order or 
 directive is made, a memorial of it shall be entered, or a new 
 CPT issued as directed.  The registrar shall require that the 
 owner's duplicate be presented only when an instrument is 
 submitted for filing that is executed by the registered owner or 
 the registered owner's attorney-in-fact.  When any voluntary 
 instrument made by the registered owner or the registered 
 owner's attorney-in-fact is presented for registration, the 
 production of the owner's duplicate CPT shall authorize the 
 registrar to enter a new CPT or to make a memorial of 
 registration in accordance with the instrument, and the new CPT 
 or memorial shall be binding upon the registered owner and upon 
 all persons claiming under the registered owner in favor of 
 every purchaser for value and in good faith.  In all cases of 
 registration which are procured by fraud, the owner may pursue 
 all legal and equitable remedies against the parties to the 
 fraud, without prejudice to the rights of any innocent holder 
 for value of a CPT.  

    Subd. 2.    Exception:  instrument for government agency. 
  A deed or other voluntary instrument, made by the registered 
 owner or the registered owner's attorney-in-fact, in favor of 
 the United States of America, this state, or any political 
 subdivision, agency, or instrumentality of the United States of 
 America or this state, must be accepted for registration 
 regardless of whether the owner's duplicate CPT is presented 
 with it.  The execution of a deed or other voluntary instrument 
 by the registered owner or the registered owner's 
 attorney-in-fact authorizes the registrar to enter a new CPT or 
 to make a memorial of registration in accordance with the 
 instrument, and the new CPT or memorial is binding upon the 
 registered owner and upon all persons claiming under the 
 registered owner in favor of every purchaser for value and in 
 good faith.  In all cases of registration that are procured by 
 fraud, the owner may pursue all legal and equitable remedies 
 against the parties to the fraud, without prejudice to the 
 rights of any innocent holder for value of a CPT. 

    HIST: 1982 c 396 s 44; 1986 c 444; 1994 c 388 art 3 s 17; 1995 
 c 92 s 3 

     508A.52 Conveyance; cancellation of old and issuance of 
  new CPT. 

    An owner of land registered under sections 508A.01 to 
 508A.85 who desires to convey the land, or a portion of it, in 
 fee, shall execute a deed of conveyance, and file the deed, 
 together with the owner's duplicate CPT, 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 CPT.  Before canceling the outstanding CPT, the 
 registrar shall show by memorial on it the registration of the 
 deed on the basis of which it is canceled.  The encumbrances, 
 claims, or interests adverse to the title of the registered 
 owner shall be stated upon the new CPT, except so far as they 
 may be simultaneously released or discharged.  The owner's 
 duplicate CPT and the original CPT shall be marked "Canceled" by 
 the registrar, who shall enter in the register a new CPT to the 
 grantee, and prepare and deliver to the grantee a new owner's 
 duplicate CPT.  If a deed in fee is for a portion of the land 
 described in a CPT, the memorial of the deed entered by the 
 registrar shall include the legal description contained in the 
 deed and the registrar shall enter a new CPT to the grantee for 
 the portion of the land conveyed and, except as otherwise 
 provided in this section, issue a residue CPT to the grantor for 
 the portion of the land not conveyed.  The registrar shall 
 prepare and deliver to each of the parties a new owner's 
 duplicate CPT for their respective CPTs.  In lieu of canceling 
 the grantor's CPT and issuing a residue CPT and owner's 
 duplicate CPT to the grantor for the portion of the land not 
 conveyed, the registrar may if the grantor's deed does not 
 divide a parcel of unplatted land, and in the absence of a 
 request to the contrary by the registered owner, mark by the 
 land description on both the owner's duplicate CPT and the 
 original CPT "Part of land conveyed, see memorials."  The fee 
 for a residue CPT shall be paid to the registrar only when the 
 grantor's CPT is canceled after the conveyance by the grantor of 
 a portion of the land described in the grantor's CPT.  When two 
 or more successive conveyances of the same property are filed 
 for registration on the same day the registrar may enter a CPT 
 in favor of the grantee or grantees in the last of the 
 successive conveyances, and the memorial of the previous deed or 
 deeds entered on the prior CPT shall have the same force and 
 effect as though the prior CPT had been entered in favor of the 
 grantee or grantees in the earlier deed or deeds in the 
 successive conveyances.  The fees for the registration of the 
 earlier deed or deeds shall be the same as the fees prescribed 
 for the entry of memorials.  The registrar of titles, with the 
 consent of the transferee, may mark "See memorials for new 
 owner(s)" by the names of the registered owners on both the 
 original CPT and the owner's duplicate CPT and also add to the 
 memorial of the transferring conveyance a statement that the 
 memorial shall serve in lieu of a new CPT in favor of the 
 grantee or grantees noted in it and may refrain from canceling 
 the CPT until the time it is canceled by a subsequent transfer, 
 and the memorial showing the transfer of title shall have the 
 same effect as the entry of a new CPT for the land described in 
 the CPT.  The fee for the registration of a conveyance without 
 cancellation of the CPT shall be the same as the fee prescribed 
 for the entry of a memorial. 

    HIST: 1982 c 396 s 45; 1986 c 444; 1994 c 388 art 3 s 19 

     508A.53 Transfer and payment of taxes. 

    All laws requiring deeds, plats, or other instruments 
 affecting unregistered land to bear the endorsement of the 
 proper city or county officials showing that all taxes or 
 assessments upon the same have been paid, shall be operative as 
 to land registered under sections 508A.01 to 508A.85, and all 
 laws shall be complied with before any deed, plat, or other 
 instrument affecting the registered land shall be filed with the 
 registrar. 

    HIST: 1982 c 396 s 46 

     508A.54 Mortgage. 

    The owner of land registered under sections 508A.01 to 
 508A.85 may mortgage it by deed or other instrument sufficient 
 in law for that purpose and the mortgage or other instrument may 
 be assigned, extended, discharged, or released, either in whole 
 or in part, or otherwise dealt with by the mortgagee by any form 
 of deed or instrument sufficient in law for the purpose.  The 
 deed, mortgage, or other instrument, and all instruments 
 assigning, extending, discharging, releasing, or otherwise 
 dealing with the same, shall be registered and take effect upon 
 the title only from the time of registration.  

    HIST: 1982 c 396 s 47 

     508A.55 Registration of mortgage; memorial entered on 
  certificate. 

    The registration of a mortgage made by the registered owner 
 or the registered owner's attorney-in-fact 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.  The registrar shall also 
 note upon the registered instrument the time of filing and a 
 reference to the volume and page where it is registered.  

    HIST: 1982 c 396 s 48; 1983 c 92 s 33; 1986 c 444; 1992 c 463 
 s 18; 1994 c 388 art 3 s 21 

     508A.56 Assignment and discharge of mortgage. 

    When a mortgage is assigned, extended, or otherwise dealt 
 with, a memorial of the instrument shall be made upon the 
 original CPT.  In case only a part of the mortgage upon the land 
 is intended to be released or discharged, a memorial of the 
 partial release shall be entered. 

    HIST: 1982 c 396 s 49; 1992 c 463 s 19 

     508A.57 Foreclosure; notice. 

    Mortgages upon land registered under sections 508A.01 to 
 508A.85 may be foreclosed in the same manner as mortgages upon 
 unregistered land.  Where the mortgage is upon registered land 
 it shall be sufficient to authorize the foreclosure of it by 
 advertisement, if the mortgage and all assignments of it have 
 been registered, and a memorial of it duly entered upon the 
 CPT.  When a mortgage upon the registered land is foreclosed by 
 advertisement, the notice of foreclosure shall state the date of 
 the mortgage, when and where registered, and the fact of 
 registration.  All laws relating to the foreclosure of mortgages 
 upon unregistered land shall apply to mortgages upon land 
 registered under sections 508A.01 to 508A.85, or any estate or 
 interest therein, except as herein provided, and except that a 
 notice of the pendency of any suit or proceeding to enforce or 
 foreclose the mortgage or other charge upon the land shall be 
 filed with the registrar, and a memorial of it entered on the 
 register before the first date of publication of the foreclosure 
 notice but not sooner than six months before the first date of 
 publication.  A notice so filed and registered shall be notice 
 to the registrar and to all persons thereafter dealing with the 
 land or any part of it and satisfies the requirements of section 
 580.032, subdivision 3, with respect to registered land.  In all 
 foreclosures, all certificates and affidavits permitted or 
 required by law to be recorded with the county recorder shall be 
 filed with the registrar who shall register them. 

    HIST: 1982 c 396 s 50; 1986 c 444; 1992 c 463 s 20 

     508A.58 Registration after foreclosure; new CPT. 

    Subdivision 1.    Court order.  Any person who has, by 
 an action or other proceeding to enforce or foreclose a 
 mortgage, lien, or other charge upon land registered under 
 sections 508A.01 to 508A.85, become the owner in fee of the 
 land, or any part of it, may have the title registered.  Except 
 as provided in subdivision 2, the person shall apply by duly 
 verified petition to the court for a new CPT to the land, and 
 the court shall then, after due notice to all parties in 
 interest and upon the hearing as the court may direct, make an 
 order for the issuance of a new CPT to the person entitled 
 thereto, and the registrar shall then enter a new CPT to the 
 land, or of the part of it to which the petitioner is entitled, 
 and issue an owner's duplicate as in the case of a voluntary 
 conveyance.  

    Subd. 2.    Examiner of titles directive.  Any person 
 who has become the owner in fee of land registered under 
 sections 508A.01 to 508A.85, or any part of the land, pursuant 
 to a mortgage foreclosure by action under chapter 581 is 
 entitled to a new CPT for the land described in the sheriff's 
 certificate of sale or so much of the land as may be described 
 in the certificate of title, after the redemption period 
 expires.  The registrar shall enter a new CPT and issue a new 
 owner's duplicate certificate only pursuant to the court order 
 provided in subdivision 1 or upon the written directive of the 
 examiner of titles as to the legal sufficiency of the mortgage 
 foreclosure proceeding.  The directive of the examiner of titles 
 also must specify the instruments the registrar shall omit from 
 the new CPT by virtue of the foreclosure. 

    HIST: 1982 c 396 s 51; 1986 c 444; 1992 c 463 s 21 

     508A.59 Registration of judgment or final decree. 

    A judgment or decree affecting land registered under 
 sections 508A.01 to 508A.85 shall be registered upon the 
 presentation of a certified copy of it to the registrar, who 
 shall enter a memorial of it upon the original CPT and upon the 
 owner's duplicate, if practicable so to do.  When the registered 
 owner of the land is by the judgment or decree divested of an 
 estate in fee in it, or of any part of it, the prevailing party 
 shall be entitled to a new CPT for the land, or so much of it as 
 is described in the judgment and decree.  The registrar shall 
 enter the new CPT and issue a new owner's duplicate CPT as in 
 the case of a voluntary conveyance.  No new CPT shall be entered 
 except upon the written certification of the examiner of titles 
 as to the legal sufficiency of the documents presented for 
 filing for the purpose of issuance of a new CPT or upon the 
 order of the district court directing the issuance of it.  

    HIST: 1982 c 396 s 52; 1986 c 444; 1992 c 463 s 22 

     508A.60 Leases. 

    Leases of land registered under sections 508A.01 to 508A.85 
 for a term of three years or more shall be registered in lieu of 
 recording it.  All the provisions of sections 508A.01 to 508A.85 
 relating to the registration of mortgages shall apply to the 
 registration of leases so far as the same are applicable to it.  

    HIST: 1982 c 396 s 53 

     508A.61 Trust, other limited deeds; new trustee; 
  corporate dissolution. 

    Subdivision 1.    Trust deeds.  If a deed or other 
 instrument is filed with the registrar for the purpose of 
 transferring land registered under sections 508A.01 to 508A.85 
 in trust, or upon any equitable condition or limitation 
 expressed in it, or for the purpose of creating or declaring a 
 trust or other equitable interest in it without the transfer of 
 it, the particulars of the trust, condition, limitation, or 
 other equitable interest need not be entered upon the CPT, but a 
 memorial of it may be entered by the words "in trust" or "upon 
 condition," or other apt words, and by reference by number to 
 the instrument authorizing or creating the same.  

    Subd. 2.    New trustee.  When a new trustee of land 
 registered under sections 508A.01 to 508A.85 is appointed, a new 
 CPT shall be entered in the new trustee's name upon presentation 
 to the registrar of a certified copy of the decree or other 
 instrument appointing the new trustee and the surrender of the 
 owner's duplicate CPT.  

    Subd. 3.    Voluntary dissolution.  Where a corporate 
 owner 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 the 
 secretary's office.  

    Subd. 4.    Filings on same day.  When an instrument 
 showing the appointment or dissolution and a trustee's deed are 
 filed for registration on the same day, a new CPT may be entered 
 in the name of the grantee or grantees and the memorial of the 
 instrument shall have the same force and effect as though a CPT 
 had been entered in favor of the trustee.  However, the fees for 
 registration shall be the same as would be the case if a CPT 
 were entered in the name of the trustee.  

    HIST: 1982 c 396 s 54; 1985 c 16 s 8; 1986 c 444 

     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 or 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 evidenced in a 
 certificate of trust authorized by section 501B.56, 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: 

    (1) the trust is supervised by the court; or 

    (2) an affidavit of trustee authorized by section 501B.57 
 and the document creating the trust, a certified copy of it, or 
 a certificate of trust authorized by section 501B.56 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 the 
 secretary's office shall be deemed the document creating the 
 trust.  

    HIST: 1982 c 396 s 55; 1983 c 92 s 34; 1985 c 16 s 9; 1986 c 
 444; 1992 c 548 s 5 

     508A.63 Registration of instruments creating liens; 
  judgments. 

    No judgment requiring the payment of money shall be a lien 
 upon land registered under sections 508A.01 to 508A.85, except 
 as herein provided.  Any person claiming a lien shall file with 
 the registrar a certified copy of the judgment, together with a 
 written statement containing a description of each parcel of 
 land in which the judgment debtor has a registered interest and 
 upon which the lien is claimed, and a proper reference to the 
 CPT or CPTs to the land.  Upon filing the copy and statement, 
 the registrar shall enter a memorial of the judgment upon each 
 CPT designated in the statement, and the judgment shall then be 
 and become a lien upon the judgment debtor's interest in the 
 land described in CPT or CPTs.  At any time after filing the 
 certified copy of the judgment, any person claiming the lien 
 may, by filing a written statement, as herein provided, cause a 
 memorial of the judgment to be entered upon any CPT to land in 
 which the judgment debtor has a registered interest and not 
 described in any previous statement and the judgment shall then 
 be and become a lien upon the judgment debtor's interest in the 
 land.  The public authority for child support enforcement may 
 present for filing a notice of judgment lien under section 
 548.091 with identifying information for a parcel of real 
 property.  Upon receipt of the notice of judgment lien, the 
 registrar shall enter a memorial of it upon each certificate of 
 possessory title which reasonably can be identified as owned by 
 the judgment debtor on the basis of the information provided.  
 The judgment shall survive and the lien thereof shall continue 
 for a period of ten years from the date of the judgment and no 
 longer; and the registrar shall not carry forward to a new 
 certificate of title the memorial of the judgment after that 
 period.  In every case where an instrument of any description, 
 or a copy of any writ, order, or decree, is required by law to 
 be filed or recorded in order to create or preserve any lien, 
 writ, or attachment upon unregistered land, the instrument or 
 copy, if intended to affect registered land, shall, in lieu of 
 recording, be filed and registered with the registrar.  In 
 addition to any facts required by law to be stated in the 
 instruments to entitle them to be filed or recorded, they shall 
 also contain a reference to the number of the CPT of the land to 
 be affected.  If the attachment, charge, or lien is not claimed 
 on all the land described in any CPT, the instrument shall 
 contain a description sufficient to identify the land. 

    HIST: 1982 c 396 s 56; 1996 c 338 art 1 s 7; 1997 c 203 art 6 
 s 33 

     508A.64 Attachments; liens. 

    Attachments and liens of every description upon land 
 registered under sections 508A.01 to 508A.85 shall be continued, 
 reduced, discharged, and dissolved by any method sufficient 
 therefor in the case of unregistered land.  All certificates, 
 writings, or other instruments permitted or required by law to 
 be filed or recorded to give effect to the enforcement, 
 continuance, reduction, discharge, or dissolution of attachments 
 or other liens upon unregistered land or to give notice of it, 
 shall, in the case of like liens upon land registered under 
 sections 508A.01 to 508A.85 be filed with the registrar.  

    HIST: 1982 c 396 s 57 

     508A.65 Plaintiff's attorney; name and address endorsed; 
  notice. 

    The name and address of the attorney for the party giving 
 the notice shall in all cases be endorsed upon the instrument 
 which is registered pursuant to section 508A.64.  The attorney 
 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.  

    HIST: 1982 c 396 s 58; 1983 c 92 s 35; 1986 c 444 

     508A.66 Officer's certificate for registrar to cancel; 
  lis pendens. 

    A certificate of the court administrator of the court in 
 which any action or proceeding shall have been pending or in 
 which any judgment or decree is of record, that the action has 
 been dismissed or otherwise disposed of, or that the judgment, 
 decree, or order has been assigned, satisfied, released, or 
 reversed, or the certificate of any sheriff, or other officer, 
 that the levy of any execution, attachment, or other process has 
 been released, discharged or otherwise disposed of, being duly 
 filed and noted upon the register, shall be sufficient to 
 authorize the registrar to cancel, or otherwise treat the 
 memorial of it according to the purport of the certificate. 

    The registrar shall not carry forward to a new certificate 
 of title the memorial of a notice of lis pendens which has been 
 of record for ten years unless another notice of lis pendens in 
 the same action has been filed within the ten years.  

    HIST: 1982 c 396 s 59; 1Sp1986 c 3 art 1 s 82; 1996 c 338 art 
 1 s 8 

     508A.67 Acquiring title by action; new CPT. 

    Upon the expiration of the time allowed by law for 
 redemption of land registered under sections 508A.01 to 508A.85, 
 after it has been set off, or sold on execution, or taken or 
 sold for the enforcement of any lien, or charge of any nature, 
 the person who claims under the execution, or under any 
 certificate, deed, or other instrument made in the course of 
 proceedings to enforce the execution or lien, may apply to the 
 court for an order directing the entry of a new CPT to the 
 person, and upon the notice the court may require, the petition 
 shall be heard and a proper order or decree rendered therein.  

    HIST: 1982 c 396 s 60; 1986 c 444 

     508A.68 Death of owner; issuance of new CPTs. 

    When the owner of land registered under sections 508A.01 to 
 508A.85, or of any estate or interest in it, dies, having 
 devised the same by will, the persons entitled to it may file 
 with the registrar a certified copy of the will and the personal 
 representative's deed of distribution together with any order of 
 distribution, if there is one, or certified copy of any final 
 decree, if there is one, assigning it.  The registrar shall then 
 cancel the CPT issued to the testator and issue a new CPT to the 
 persons designated.  When the owner of land registered under 
 sections 508A.01 to 508A.85, or of any estate or interest 
 therein, dies, not having devised it, the persons entitled to it 
 by law may file with the registrar the personal representative's 
 deed of distribution together with a certified copy of any order 
 of distribution, if there be one, or a certified copy of any 
 final decree of the court assigning it.  The registrar shall 
 then cancel the CPT issued to the intestate and issue a new CPT 
 to the persons entitled to it.  Unless restricted by letters of 
 testamentary or letters of administration, a personal 
 representative may sell, convey, or mortgage land registered 
 under sections 508A.01 to 508A.85 in the same manner as if the 
 land were registered in the representative's name.  The personal 
 representative shall first file with the registrar a certified 
 copy of any will of the decedent and a certified copy of the 
 representative's letters.  

    HIST: 1982 c 396 s 61; 1986 c 444; 1994 c 388 art 3 s 23 

     508A.69 Jurisdiction of court not impaired. 

    A personal representative may sell, mortgage or lease any 
 real property of the estate as authorized by section 524.3-715.  
 Nothing contained in sections 508A.01 to 508A.85 shall impair or 
 affect the jurisdiction of the court to license any personal 
 representative, conservator or guardian to sell or mortgage land 
 registered under sections 508A.01 to 508A.85.  A purchaser or 
 mortgagee receiving a deed or mortgage executed by a personal 
 representative, conservator or guardian shall be entitled to 
 register the title and to the entry of a new CPT or memorial of 
 registration in the same manner as upon any similar voluntary 
 transfer of registered land.  No CPT shall be issued pursuant to 
 the provisions of this section or of section 508A.68 except upon 
 the written certification of the examiner of titles as to the 
 legal sufficiency of the documents presented for filing for the 
 purpose of issuance of a new CPT or upon the order of the 
 district court directing its issuance.  

    HIST: 1982 c 396 s 62; 1986 c 444 

     508A.70 Subsequent adverse claim, how registered; costs. 

    Any person claiming any right, title, or interest in land 
 registered under sections 508A.01 to 508A.85 adverse to the 
 registered owner of it arising subsequent to the date of the 
 CPT, may, if no other provision is made in sections 508A.01 to 
 508A.85 for registering the same, file with the registrar a 
 verified statement in writing setting forth fully the alleged 
 right or interest, and how or from whom it was acquired, and a 
 reference to the volume and page of the CPT of the registered 
 owner, together with a description of the land, the adverse 
 claimant's residence, and designating a place at which all 
 notices may be served upon the adverse claimant.  The statement 
 shall be entitled to registration as an adverse claim, and the 
 court, upon the petition of any party in interest, shall grant a 
 speedy hearing upon the validity of the adverse claim and enter 
 a decision and decree therein as justice and equity may 
 require.  If the adverse claim is adjudged to be invalid, the 
 registration of it shall be canceled.  The court may, in any 
 case, award costs and damages, including a reasonable attorney's 
 fee, as it may deem just.  

    HIST: 1982 c 396 s 63; 1986 c 444 

     508A.71 Alterations; court, examiner's order; new 
  certificate. 

    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 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 reasonable 
 ground 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, 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 
 cancellation 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.    Cancellation of memorial.  At the request of 
 a registered owner or other person in interest the examiner of 
 titles by a written directive may order (1) 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, or 
 (2) upon the submission of evidence satisfactory to the 
 examiner, the correction of the name or designation of a party 
 who is a registered owner or who has an interest registered on a 
 certificate of title.  The registrar of titles shall register 
 the directives of the examiner of titles upon the CPTs, and 
 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 party 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 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 
 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. 

    HIST: 1982 c 396 s 64; 1983 c 92 s 36; 1985 c 16 s 10; 1986 c 
 444; 1992 c 463 s 23; 1994 c 388 art 3 s 26; 1996 c 338 art 1 s 
 9 

     508A.72 Agency; power to be registered. 

    Any act which may legally be done or performed by any 
 person under sections 508A.01 to 508A.85 may be done and 
 performed by an agent when duly authorized in writing.  The 
 instrument or power of attorney shall be filed with and 
 registered by the registrar if it is executed and acknowledged 
 as required by law in the case of a deed.  Any instrument 
 revoking the power of attorney may be filed and registered if it 
 is executed and acknowledged in the same way.  A written 
 instrument of revocation of an unregistered power of attorney, 
 executed and acknowledged by a person having a registered 
 interest in land, may be filed for registration as a memorial 
 upon the certificate of title. 

    HIST: 1982 c 396 s 65; 1984 c 603 s 2; 1986 c 444 

     508A.73 Eminent domain; reversion; vacation. 

    Subdivision 1.    Registration filing; new CPT; memorials; 
 reversion.  If the land of a registered owner, or any right, 
 title, interest, or estate in it is taken by eminent domain, the 
 state or body politic, or other authority which exercises the 
 right, shall file for registration a certified copy of a final 
 certificate or a certified copy of a court order transferring 
 title pursuant to section 117.042 together with an instrument 
 containing a description of the land taken, together with the 
 name of each owner of it, and referring to each CPT by its 
 number and place of registration in the register of titles, and 
 stating what estate or interest in the land is taken, and for 
 what purpose.  A memorial of the right, title, interest, or 
 estate thus taken shall be made upon each CPT by the registrar.  
 If the fee is taken, a new CPT shall be entered in the name of 
 the owner for the land remaining to the owner after the taking.  
 A new CPT may not be entered except by order of the district 
 court or upon the written certification of the examiner of 
 titles as to the legal sufficiency of the final certificate or 
 court order pursuant to section 117.042 and other instruments 
 presented for filing for the purpose of issuance of a new CPT.  
 If the owner has a lien for damages upon the land thus taken, 
 this fact shall be stated in the memorial of registration.  All 
 fees on account of any memorial of registration or entry of new 
 CPTs for land thus taken shall be paid by the state or body 
 politic or other authority which takes the land.  If land which 
 was taken for public use reverts, by operation of law, to the 
 owner or to heirs or assigns, the district court, upon the 
 application of the person entitled to the benefit of the 
 reversion, and after due notice and hearing, may order the entry 
 of a new CPT to the person entitled to it.  

    Subd. 2.    Vacation of street or alley; legal 
 description.  Upon the filing of a certified copy of a 
 resolution or ordinance by a city vacating an adjoining street 
 or alley that was dedicated to the public in a plat, a 
 registered owner is entitled to have added to the legal 
 description on the CPT that part of the vacated street or alley 
 that accrues to it, provided the vacation occurred after the 
 land was originally registered.  The vacated street or alley may 
 be added to the CPT by order of the district court or by a 
 written directive from the examiner of titles. 

    HIST: 1982 c 396 s 66; 1986 c 444; 1992 c 463 s 24 

     508A.76 Damages through erroneous registration; action. 

    Any person who, without negligence on that person's part, 
 sustains any loss or damage by reason of any omission, mistake 
 or misfeasance of the registrar or the registrar's deputy, or of 
 any examiner or of any court administrator, or of a deputy of 
 the court administrator or examiner, in the performance of their 
 respective duties under sections 508A.01 to 508A.85, and any 
 person who, without negligence on that person's part, is 
 wrongfully deprived of any land or of any interest in it by the 
 registration of it, or by reason of the registration of any 
 other person, as the owner of the land, or by reason of any 
 mistake, omission, or misdescription in any CPT, or in any entry 
 or memorial, or by any cancellation, in the register of titles, 
 and who, by the provisions of sections 508A.01 to 508A.85, is 
 precluded from bringing an action for the recovery of the land, 
 or of any interest in it, or from enforcing any claim or lien 
 upon the same, may institute an action in the district court to 
 recover compensation out of the general fund for the loss or 
 damage.  

    HIST: 1982 c 396 s 67; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 
 1Sp1989 c 1 art 11 s 10 

     508A.77 Parties defendant; judgment; execution. 

    If an action is brought to recover any loss or damage 
 occasioned solely by the registration of the land, or solely by 
 the registration of any other person as the owner thereof, or if 
 the action be brought for the recovery of any loss or damage 
 occasioned solely by the omission, mistake or misfeasance of the 
 registrar or the registrar's deputy, or of any examiner or of 
 any court administrator, or of a deputy of the court 
 administrator or examiner, in the performance of their 
 respective duties, the state treasurer, in the treasurer's 
 official capacity, shall be the sole defendant.  If the action 
 is brought to recover for any loss or damage occasioned either 
 wholly, or in part, by the fraud or wrongful act of some person 
 other than the officers herein named, or to recover for any loss 
 or damage caused jointly by the fraud or wrongful act, and by 
 the omission, mistake or misfeasance of the officers above 
 named, or any of them, and of some other person, the state 
 treasurer, in the treasurer's official capacity, and the other 
 person shall be joined as defendants in it.  In any action where 
 there are defendants other than the state treasurer, no 
 execution shall issue against the treasurer until execution 
 against all other defendants against whom judgment has been 
 recovered has been returned unsatisfied, either in whole or in 
 part.  An officer returning the execution shall certify on it 
 that the amount still due upon the execution cannot be collected 
 from them.  The court, being satisfied as to the truth of the 
 return, shall then order the state treasurer to pay the amount 
 due upon the execution out of the general fund.  The attorney 
 general or, at the request of either the attorney general or the 
 board of county commissioners of the county in which the land or 
 a major part of it lies, the county attorney of that county 
 shall defend the state treasurer in all these actions.  

    HIST: 1982 c 396 s 68; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 
 1Sp1989 c 1 art 11 s 11 

     508A.78 Liability of fund. 

    No person shall recover from the general fund any sum by 
 reason of any loss, damage, or deprivation occasioned solely by 
 a breach of trust on the part of any registered owner who is 
 trustee, or by the improper exercise of any power of sale in a 
 mortgage, nor shall any person recover from the general fund any 
 greater sum than the fair market value of the real estate at the 
 time of the last payment into that fund, on account thereof. 

    HIST: 1982 c 396 s 69; 1Sp1989 c 1 art 11 s 12 

     508A.79 Limitation of action. 

    Any action or proceeding pursuant to section 508A.76 to 
 recover damages out of the general fund shall be commenced 
 within six years from the time when the right to commence the 
 same accrued, and not afterwards.  If at the time the right 
 accrued or thereafter within the six-year period, the person 
 entitled to bring the action or proceeding is a minor, or 
 insane, or imprisoned, or absent from the United States in its 
 service or the service of the state, the person, or anyone 
 claiming under the person, may commence the action or proceeding 
 within two years after the disability is removed.  

    HIST: 1982 c 396 s 70; 1986 c 444; 1Sp1989 c 1 art 11 s 13 

     508A.80 Fraudulent instrument or entry; penalty. 

    Whoever fraudulently procures, or assists in fraudulently 
 procuring, or is privy to the fraudulent procurement of any CPT 
 or other instrument or of any entry in the register of titles, 
 CPT, or other book kept in the office of any registrar, or of 
 any erasure or alteration in any entry in any of these books, or 
 in any instrument authorized by sections 508A.01 to 508A.85, or 
 knowingly defrauds, or is privy to defrauding, any person by 
 means of a false or fraudulent instrument, certificate, 
 statement, or affidavit affecting land registered under sections 
 508A.01 to 508A.85 is guilty of a felony punishable by a fine 
 not exceeding $10,000, or by imprisonment not exceeding five 
 years, or by both. 

    HIST: 1982 c 396 s 71; 1984 c 628 art 3 s 11 

     508A.82 Registrar's fees. 

    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), (13), (14), (16), 
 and (18), 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), (14), and (18), 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 each original CPT, and issuing a 
 duplicate of it, $30; 

    (3) for registering each instrument transferring the fee 
 simple title for which a new CPT is issued and for the issuance 
 and registration of the new CPT, $30; 

    (4) for the entry of each memorial on a certificate and 
 endorsements upon duplicate CPTs, $15; 

    (5) for issuing each residue CPT, $20; 

    (6) for exchange CPTs, $10 for each CPT canceled and $10 
 for each new CPT issued; 

    (7) for each certificate showing condition of the register, 
 $10; 

    (8) 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) 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) for filing two copies of any plat in the office of the 
 registrar, $30; 

    (11) for any other service under sections 508A.01 to 
 508A.85, the fee the court shall determine; 

    (12) 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 $10 to memorialize; 

    (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 not paid by the county or pursuant to an 
 order of the court, $10; 

    (14) for filing a condominium plat or an amendment to it in 
 accordance with chapter 515, $30; 

    (15) for a copy of a condominium plat filed pursuant to 
 chapters 515 and 515A, the fee shall be $1 for each page of the 
 plat with a minimum fee of $10; 

    (16) for filing a condominium declaration and condominium 
 plat or an amendment to it in accordance with chapter 515A, $10 
 for each certificate upon which the document is registered and 
 $30 for the filing of the condominium plat or an amendment to 
 it; 

    (17) 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; 

    (18) for filing a registered land survey in triplicate in 
 accordance with section 508A.47, subdivision 4, $30; 

    (19) for furnishing a certified copy of a registered land 
 survey in accordance with section 508A.47, subdivision 4, $10. 

    Subd. 2.    Variance from standards.  A document that 
 does not conform to the standards in section 507.093, paragraph 
 (a), shall not be filed except upon payment of an additional fee 
 of $10 per document.  This subdivision applies only to documents 
 dated after July 31, 1997, and does not apply to Minnesota 
 uniform conveyancing blanks contained in the book of forms in 
 the office of the commissioner of commerce provided for under 
 section 507.09, certified copies, or any other form provided for 
 under Minnesota Statutes. 

    HIST: 1982 c 396 s 72; 1983 c 92 s 37; 1985 c 281 s 18; 1986 c 
 342 s 3; 1986 c 444; 1Sp1989 c 1 art 11 s 14; 1990 c 575 s 5; 
 1991 c 226 s 3; 1992 c 463 s 25; 1992 c 513 art 4 s 47; 1993 c 
 192 s 100; 1996 c 338 art 3 s 4 

     508A.835 Disposal of canceled duplicate CPTs and receipt 
  cards. 

    The registrar of titles is authorized to destroy owner's 
 duplicate CPTs marked "canceled," upon the entry of a new 
 owner's duplicate CPT, and the receipt cards for the "canceled" 
 CPTs. 

    HIST: 1982 c 396 s 73; 1992 c 463 s 26 

     508A.836 Disposal of certain affidavits. 

    The registrar of titles is authorized to destroy affidavits 
 of grantees and purchasers or of the person acting on their 
 behalf, which are more than five years old.  

    HIST: 1982 c 396 s 74 

     508A.84 Instruments of encumbrance; disposal. 

    The registrar of titles is authorized to destroy 
 instruments of encumbrance which have been satisfied of record 
 or extinguished by operation of law for a period of five years, 
 together with the assignments and satisfactions of them.  When 
 the discharge of an encumbrance is by virtue of a judicial or 
 statutory sale, the instruments evidencing the encumbrance of 
 the foreclosure of it, shall not be destroyed until six months 
 after entry of an unappealed order for issuance of a new CPT to 
 the purchaser at the sale or to the purchaser's assignee.  
 Nothing herein contained shall relieve the registrar from 
 maintaining the books and index records required under sections 
 508A.34 and 508A.37. 

    HIST: 1982 c 396 s 75; 1986 c 444 

     508A.85 Changeover from CPT to certificate of title. 

    Subdivision 1.    Owner's election.  The owner of an 
 outstanding CPT, at the owner's election, may apply to the 
 district court at any time to commence a registration in 
 accordance with the provisions of chapter 508.  

    Subd. 2.    Registrar to issue certificate of title.  
 Subsequent to the expiration of the five year period set forth 
 in section 508A.17, upon the filing of any instrument 
 transferring title from the registered owner of the CPT to 
 another, the registrar of titles shall issue a certificate of 
 title and cancel the CPT.  

    Subd. 3.    Changeover at request of owner.  Subsequent 
 to the expiration of the five year period set forth in section 
 508A.17, any registered owner of a CPT may request a changeover, 
 and upon surrender of the owner's duplicate CPT and payment of 
 the fee for an exchange as specified in section 508A.82, clause 
 (6), the registrar shall issue a certificate of title and cancel 
 the CPT. 

    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 first certificate of title was 
 issued for the land involved.  The memorial on the CPT pursuant 
 to section 508A.351 shall not be removed without an order of the 
 district court.  

    Subd. 5.    Integration.  A certificate of title issued 
 pursuant to subdivisions 2 and 3 shall be integrated by the 
 registrar of titles with the certificates of title created by an 
 adjudication pursuant to chapter 508, and shall be subject to 
 all provisions of chapter 508. 

    HIST: 1982 c 396 s 76; 1986 c 444; 1992 c 463 s 27; 1996 c 338 
 art 1 s 10