1999 Minnesota Statutes

CHAPTER 508. Registration, torrens

     508.01 Registration.  

    Real estate in this state may be registered under the 
 provisions of this chapter in the manner herein provided.  

    HIST: (8247) RL s 3370; 1905 c 305 s 1; 1909 c 183 s 2 

     508.02 Registered land; same incidents as unregistered; 
  no adverse possession.  

    Registered land shall be subject to the same burdens and 
 incidents which attach by law to unregistered land.  This 
 chapter shall not operate to relieve registered land or the 
 owners thereof from any rights, duties, or obligations incident 
 to or growing out of the marriage relation, or from liability to 
 attachment on mesne process, or levy on execution, or from 
 liability to any lien or charge of any description, created or 
 established by law upon the land or the buildings situated 
 thereon, or the interest of the owner in such land or 
 buildings.  It shall not operate to change the laws of descent 
 or the rights of partition between cotenants, or the right to 
 take the land by eminent domain.  It shall not operate to 
 relieve such land from liability to be taken or recovered by any 
 assignee or receiver under any provision of law relative 
 thereto, and shall not operate to change or affect any other 
 rights, burdens, liabilities, or obligations created by law and 
 applicable to unregistered land except as otherwise expressly 
 provided herein.  No title to registered land in derogation of 
 that of the registered owner shall be acquired by prescription 
 or by adverse possession.  

    HIST: (8248) RL s 3371; 1905 c 305 s 2 

     508.03 Application. 

    An application for registration may be made by any of the 
 following persons: 

    (1) The person or persons who singly or collectively own 
 the land; tenants in common shall join in the application; 

    (2) The person or persons who singly or collectively have 
 the power of disposing of the land; 

    (3) Infants and other persons under disability, by their 
 guardian duly appointed by the proper court in this state; 

    (4) A corporation, by its proper officer, or by an agent 
 duly authorized by the board of directors; 

    (5) Any executor, administrator or personal representative 
 duly appointed by the proper court in this state; 

    (6) A municipal corporation, by its mayor and city clerk, 
 in the case of a city, after a resolution passed by its city 
 council so directing, and by the county auditor and chair of the 
 county board, in the case of a county, after a resolution passed 
 by its county board so directing; 

    (7) Any person may make application when, for at least 15 
 years, the land has been in the adverse possession of the 
 applicant or those through whom the applicant claims title; 

    (8) A partnership by one or more of its general partners; 

    (9) The state of Minnesota, by the county auditor and chair 
 of the county board of the county in which the land is located, 
 at the direction of the county board of such county, in the case 
 of lands forfeited to the state for taxes, and held by it in 
 trust for its taxing districts, or otherwise.  

    This provision is in addition to all other laws by which 
 the state may register the title to land. 

    HIST: (8249) RL s 3372; 1905 c 305 s 3; 1909 c 110 s 1; 1939 c 
 100 s 1; 1941 c 378 s 1; 1977 c 21 s 1; 1983 c 92 s 1; 1986 c 
 444 

     508.04 Titles which may be registered. 

    Subdivision 1.    At least fee simple.  No lesser estate 
 than a fee simple, except an appurtenant easement as defined in 
 subdivision 2, and no mortgage, lien, or other charge upon land, 
 shall be registered, unless the estate in fee simple therein is 
 registered; but the fact that the estate or interest of the 
 applicant is subject to any outstanding lesser estate or to a 
 mortgage or other charge or lien shall not prevent its 
 registration, and when a dock or harbor line has been 
 established by federal authority, the estate and interest of a 
 riparian proprietor in the submerged lands lying between the 
 original shore line and such established dock line may be 
 registered under this chapter, subject to the rights of the 
 state of Minnesota in its sovereign capacity in the same, and 
 such registration shall not in any manner affect or change the 
 rights of the state with respect to such lands. 

    Subd. 2.    Exception for appurtenant easements.  An 
 appurtenant easement over unregistered land may be registered 
 when the fee simple estate to which it is appurtenant has been 
 registered or is registered concurrently with the registration 
 of such easement.  The word "land" in this chapter, except as 
 contained in sections 508.37 and 508.47, subdivisions 2 to 7, 
 shall include those appurtenant easements designated in this 
 subdivision and all requirements for the registration of land 
 shall also apply to the registration of such an appurtenant 
 easement.  Such an appurtenant easement shall remain in full 
 force and effect after registration until the filing on the 
 certificate of title of an order of the court terminating the 
 easement. 

    HIST: (8250) RL s 3373; 1905 c 305 s 4; 1915 c 242 s 1; 1927 c 
 112 s 1; 1939 c 100 s 2; 1977 c 21 s 2 

     508.05 Application, how signed and verified. 

    The application shall be in writing and signed and verified 
 by the applicant, or by an agent thereunto lawfully authorized 
 in writing.  If the application is signed and verified by any 
 agent, except an officer of a corporation, the authority of such 
 agent shall be executed and acknowledged in the manner required 
 for the execution and acknowledgment of a deed and recorded with 
 the county recorder for the county wherein the land is situated 
 before the filing of the application.  If the application is 
 made by a corporation, it shall be verified by some officer of 
 the corporation.  If the applicant is married, the spouse of the 
 applicant may assent thereto in writing by a duly acknowledged 
 endorsement thereon, or by a separate instrument duly 
 acknowledged and filed with the application, but otherwise the 
 spouse shall be made a defendant and served with summons. 

    HIST: (8251) RL s 3374; 1905 c 305 s 5; 1935 c 16 s 1; 1976 c 
 181 s 2; 1986 c 444 

     508.06 Contents of application; rights and privileges of 
  claimants. 

    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 that 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 therein, 
 exclusive of improvements, according to the last official 
 assessment; the description of an appurtenant easement shall be 
 accompanied by a description of the fee simple estate to which 
 it is appurtenant; 

    (4) The estate or interest of the applicant in the land, 
 and whether or not it is subject to an estate of homestead; 

    (5) 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; 

    (6) A description of each lien or interest, recorded or 
 unrecorded, which the applicant recognizes as encumbering the 
 land, including the nature of the lien or interest, any 
 information about its recording, and the name of the interested 
 party; 

    (7) A description of each lien or interest, recorded or 
 unrecorded, for which the applicant seeks a determination 
 terminating or modifying the interest, together with the reason 
 for the relief requested, and including the nature of the lien 
 or interest, any information about its recording, and the name 
 of the interested party; 

    (8) A description of any other defects in the applicant's 
 title and a reason for curing the defects; 

    (9) 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; 

    (10) When a required address is unknown to the applicant 
 after due and diligent search, it may be so stated; 

    (11) If it is desired to fix and establish the boundary 
 lines of the land, the full names and addresses of all owners of 
 adjoining lands which are in any manner affected by it shall be 
 fully stated. 

    Any person having or claiming any right, title, interest, 
 or estate in land, or any lien or charge upon or against it, may 
 assent in writing to its registration.  The person assenting 
 need not be named as a defendant in the registration proceeding 
 or, if already named as a defendant in it, need not be served 
 with the summons in it.  The assent shall be executed and 
 acknowledged in the manner required by law for the execution and 
 acknowledgment of a deed and filed with the court administrator. 

    HIST: (8252) RL s 3375; 1905 c 305 s 6; 1973 c 9 s 4; 1976 c 
 181 s 2; 1977 c 21 s 3; 1983 c 92 s 2; 1986 c 444; 1Sp1986 c 3 
 art 1 s 82; 1996 c 338 art 1 s 1 

     508.07 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 therein the full name and post 
 office address of this agent and therein agree 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, on 
 failing so to do, the court may in its discretion dismiss the 
 application.  In any subsequent application made, the applicant 
 may refer to such written authority so recorded, provided the 
 same is sufficiently comprehensive to include such subsequent 
 application. 

    HIST: (8253) RL s 3376; 1905 c 305 s 7; 1976 c 181 s 2; 1986 c 
 444 

     508.08 Application, contents. 

    Subdivision 1.    Adjacent land; common owner.  Any 
 number of adjoining tracts of land in the same county and owned 
 by the same person and in the same right, or any number of 
 tracts of land in the same county having the same chain of 
 title, and belonging to the same person, may be included in one 
 application.  When approved by the examiner of titles, 
 nonadjoining tracts of land owned by the same person or persons 
 in the same right having different chains of title may be 
 included in one application.  

    Subd. 2.    Adjacent land; common title defect.  When 
 approved by the examiner of titles, owners of adjacent tracts of 
 land which have a common title defect may join in one 
 application to register the title to their individual tracts.  
 The application must list separately all of the information 
 required by section 508.06 for the owner or owners of each of 
 the tracts included in the application. 

    HIST: (8254) RL s 3377; 1905 c 305 s 8; 1941 c 378 s 2; 1983 c 
 92 s 3; 1987 c 4 s 1 

     508.09 Amendment.  

    Amendments to the application, including joinder, 
 substitution, or discontinuance as to parties, may be allowed by 
 the court at any time upon terms that are just and reasonable, 
 but all amendments shall be in writing and signed and verified 
 like the original application.  

    HIST: (8255) RL s 3378; 1905 c 305 s 9 

     508.10 Application to district court; powers of court.  

    An application for registration shall be addressed to the 
 district court in and for the county wherein the land described 
 therein is situated.  The district court shall have original 
 exclusive jurisdiction thereof, and of all proceedings 
 thereunder, and full power to inquire into the title of the 
 land, and any right, title, interest, or estate therein, and any 
 lien, charge, or encumbrance thereon.  By its decree, the court 
 shall adjudge and determine the title to the land, the nature, 
 character, extent, and amount of all liens and encumbrances 
 thereon, the priority as between the same, and remove all clouds 
 from the title.  The district court shall have full power and 
 authority to make all necessary orders, judgments, and decrees 
 and, for these purposes, the court shall be always open.  

    HIST: (8256) RL s 3379; 1905 c 305 s 10 

     508.11 Court administrator; filing, recording; 
  certifying; effect. 

    The application shall be filed with the court 
 administrator.  All final orders or decrees shall be recorded by 
 the court administrator.  At the time of the filing of the 
 application with the court administrator, a copy thereof, duly 
 certified by the court administrator, shall be filed for record 
 with the county recorder, and shall be notice forever to 
 purchasers and encumbrancers of the pendency of the proceeding 
 and of all matters referred to in the court files and records 
 pertaining to the proceeding.  The applicant shall file with the 
 court administrator, as soon after the filing of the application 
 as is practicable, an abstract of title to the land described in 
 the application, satisfactory to the examiner.  If required so 
 to do by the examiner, the applicant shall likewise cause the 
 land to be surveyed by some competent surveyor, and file with 
 the court administrator a plat of the land duly certified by 
 such surveyor. 

    HIST: (8257) RL s 3380; 1905 c 305 s 11; 1976 c 181 s 2; 1977 
 c 21 s 4; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1994 c 636 art 8 s 
 11 

     508.12 Examiners of titles. 

    Subdivision 1.    Examiner and deputy examiner.  The 
 judges of the district court shall appoint a competent attorney 
 in each county within their respective districts to be an 
 examiner of titles and legal adviser to the registrar in said 
 county, to which examiner all applications to register title to 
 land are referred without further order, and may appoint 
 attorneys to serve as deputy examiners who shall act in the name 
 of the examiner and under the examiner's supervision and 
 control, and the deputy's acts shall be the acts of the 
 examiners.  The examiner of titles and deputy examiners shall 
 hold office subject to the will and discretion of the district 
 court by whom appointed.  The examiner's compensation and that 
 of the examiner's deputies shall be fixed and determined by the 
 court and paid in the same manner as the compensation of other 
 county employees is paid except that in all counties having 
 fewer than 75,000 inhabitants, and in Stearns, Dakota, and 
 Olmsted counties the fees and compensation of the examiners for 
 services as legal adviser to the registrar shall be determined 
 by the judges of the district court and paid in the same manner 
 as the compensation of other county employees is paid, but in 
 every other instance shall be paid by the person applying to 
 have the person's title registered or for other action or relief 
 which requires the services, certification or approval of the 
 examiner. 

    Subd. 2.    County attorney as registrar's adviser.  
 Notwithstanding any provision of this section to the contrary, 
 in all counties other than Hennepin, Ramsey and St. Louis having 
 a full-time county attorney, the county board by resolution may 
 provide that the county attorney shall also be the legal adviser 
 to the registrar in said county.  

    Subd. 3. Repealed, 1989 c 59 s 2 

    HIST: (8258) RL s 3381; 1905 c 305 s 12; 1909 c 183 s 3; 1927 
 c 112 s 2; 1953 c 276 s 1; 1955 c 319 s 1; 1957 c 252 s 1; 1959 
 c 252 s 1; 1961 c 362 s 1; 1971 c 799 s 1; 1974 c 322 s 8; 1986 
 c 444; 1989 c 59 s 1; 1994 c 380 s 1; 1994 c 388 art 3 s 1 

     508.13 References to examiners; powers; reports. 

    Immediately after the filing of the abstract of title, the 
 court administrator shall refer the file to the examiner of 
 titles, who shall proceed to examine into the title of the land 
 described in the application, and into the truth of all matters 
 set forth therein.  The examiner shall ascertain whether or not 
 the land is occupied, and, if occupied, shall ascertain the 
 nature thereof, and by what right the occupation is held.  The 
 examiner shall also ascertain whether or not any judgments exist 
 which may be a lien upon the land.  The examiner shall search 
 all public records, and fully investigate all facts pertaining 
 to the title which may be brought to the examiner's notice, and 
 shall file in the case a full report thereof, together with the 
 examiner's opinion upon the title.  The court shall not be bound 
 by any report of the examiner of titles, but may require further 
 or other proof.  An examiner of titles shall have full power to 
 administer oaths and examine witnesses concerning any matter 
 involved in the examiner's investigation of titles.  When, in 
 the opinion of the examiner, the state has any interest in, or 
 lien upon, the land, the examiner shall state the nature and 
 character thereof in the examiner's report, and in such cases, 
 the state shall be joined as a party, and named in the summons 
 as a party thereto, in order that its interest, estate or lien 
 may be defined and preserved.  The court administrator shall 
 give notice to the applicant of the filing of such report.  If 
 the report of the examiner is adverse to the applicant, the 
 applicant shall have a reasonable time in which to proceed 
 further, or to withdraw the application. This election shall be 
 made in writing and filed with the court administrator.  
 Examiners shall, upon the request of the registrar, advise the 
 registrar upon any act or duty pertaining to the conduct of the 
 office, or prepare the form of any memorial to be made or 
 entered by the registrar. 

    In all cases where under the provisions of this chapter 
 application is made to the court for any order or decree, the 
 court may refer the matter to the examiner of titles for hearing 
 and report in like manner as herein provided for the reference 
 of the initial application for registration. 

    HIST: (8259) RL s 3382; 1905 c 305 s 13; 1927 c 112 s 3; 1978 
 c 750 s 4; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1994 c 388 art 3 
 s 2 

     508.14 Survey in certain counties. 

    In any county of this state having more than 200,000 
 inhabitants, the county surveyor thereof shall, at the request 
 of the examiner of titles for such county, make a survey of the 
 plat described in any application for registration under this 
 chapter, and file with the court administrator of the district 
 court of such county a plat of such land, duly certified, 
 showing the dimensions of the land, the location of all 
 structures, fences, and other improvements thereon and such 
 other facts as may be required by the examiner.  The surveyor 
 shall also at the request of the registrar of titles of such 
 county, make a survey of any registered land designated by the 
 registrar and file with such registrar a plat of such land, duly 
 certified showing its dimensions and such other facts as the 
 registrar may require. Such plat shall be numbered and entered 
 as a memorial on the certificate of title of such land and 
 transferred with each subsequent certificate of title affecting 
 such land.  In any county in which the county surveyor receives 
 fees in lieu of a salary, the county surveyor shall be paid such 
 compensation for services as the county board may determine; in 
 all other counties, the county surveyor shall receive no other 
 compensation than the salary paid for other county work.  

    HIST: (8260) 1909 c 366 s 1; 1986 c 444; 1Sp1986 c 3 art 1 s 
 82; 1999 c 11 art 1 s 13 

     508.15 Order for summons; parties defendant.  

    If, in the opinion of the examiner, the applicant has a 
 title to the land proper for registration, or if the applicant, 
 after an adverse opinion of the examiner, elects to proceed 
 further, the applicant shall file with the court administrator a 
 verified petition praying that a summons may be issued in the 
 proceeding.  The court shall thereupon examine all the files and 
 records of the proceeding and, by its order, direct that a 
 summons be issued therein.  This order shall contain the name 
 and address, so far as known, of every person who is to be 
 joined as a party to the proceeding, including all persons named 
 in the application, or found by the report of the examiner to be 
 in possession of the land, or as having any right, title, 
 interest, or estate therein, or any lien or encumbrance upon or 
 against the same, together with the name and address of all 
 other persons or parties whom the court, in its order, may 
 direct to be joined therein.  The parties thus named in the 
 order of the court shall be, and shall be known as, defendants.  

    When the description in the application includes land 
 which, according to the plat of the United States Government 
 Survey, forms part or all of the bed of a meandered stream or 
 lake, the state of Minnesota shall be made a party defendant.  
 In all cases where decree of registration has been heretofore 
 entered for any such land without the state having been joined 
 and served with summons, it shall be deemed that title had 
 heretofore passed to the applicant by reliction or accretion.  

    HIST: (8261) RL s 3383; 1905 c 305 s 14; 1933 c 164; 1Sp1986 c 
 3 art 1 s 82 

     508.16 Form of summons; service on various parties; 
  publication. 

    Subdivision 1.    Subscribed by administrator; copies.  
 The summons shall be subscribed by the court administrator, 
 directed to the defendants, and require them to appear and 
 answer the application of the applicant, within 20 days after 
 the service of the summons, exclusive of the day of such 
 service.  It shall be served in the manner as provided by law 
 for the service of a summons in civil actions in the district 
 court, except as herein otherwise provided.  It shall be served 
 upon the state by delivering a copy thereof to the attorney 
 general, a deputy attorney general or an assistant attorney 
 general who shall transmit the same to the county attorney of 
 the county in which the land described therein is situated, and 
 thereupon such county attorney shall appear in such proceeding, 
 and represent the state therein.  It shall be served upon a 
 domestic corporation governed by chapter 302A whose charter has 
 terminated by dissolution, expiration, or otherwise, by 
 delivering a copy of it to a person, known to the applicant, who 
 held office in the corporation at the time of dissolution and 
 can be found in the state or, if no officer known to the 
 applicant can be found in the state, by publishing the summons 
 in a newspaper printed and published in the county where the 
 application is filed, once each week for three consecutive 
 weeks.  It shall be served upon all persons not personally 
 served who are not residents of the state or who cannot be found 
 therein, and upon domestic corporations not governed by chapter 
 302A whose charter has terminated by dissolution, expiration, or 
 otherwise more than three years prior to the commencement of the 
 action, and upon unknown successors in interests of such 
 corporations, and upon "all other persons or parties unknown 
 claiming any right, title, estate, lien, or interest in the real 
 estate described in the application herein" by publishing the 
 same in a newspaper printed and published in the county wherein 
 the application is filed, once each week for three consecutive 
 weeks; provided, if the order for summons or a supplemental 
 order of the court, filed before, during or after the 
 publication of the summons, shall so direct, the summons may be 
 personally served without the state upon any one or more of the 
 defendants who are nonresidents of the state or who cannot be 
 found therein, in like manner and with like effect as such 
 service in a summons in a civil action in the district court; 
 and provided further, that any nonresident defendant, natural or 
 corporate, who can be found in the state of Minnesota and can be 
 personally served therein, may be served personally.  The court 
 administrator shall also, at least 20 days before the entry of 
 the decree which shall be entered in the matter, send a copy of 
 the summons by mail to all defendants not served personally who 
 are not residents of the state, and whose place of address is 
 known to applicant or stated in the application, or in the order 
 directing the issuance of the summons.  The certificate of the 
 court administrator that the court administrator has mailed the 
 summons, as herein provided, shall be conclusive evidence 
 thereof.  Other or further notice of the application for 
 registration may be given in such manner and to such persons as 
 the court or any judge thereof may direct.  The summons shall be 
 served at the expense of the applicant and proof of the service 
 shall be made in the same manner as in civil actions.  The 
 summons shall be substantially in the following form: 

         SUMMONS IN APPLICATION FOR REGISTRATION OF LAND 

    State of Minnesota 

                               ss. 

    County of ........ 

    District Court ...... Judicial District. 

    In the matter of the application of (name of applicant) to 
 register the title to the following described real estate 
 situated in ............. county, Minnesota, namely:  
 (description of land) .................. 

    Applicant, 

                                vs 

    (names of defendants) and "all other persons or parties 
 unknown claiming any right, title, estate, lien or interest in 
 the real estate described in the application herein." 

    Defendants. 

      THE STATE OF MINNESOTA TO THE ABOVE NAMED DEFENDANTS: 

    You are hereby summoned and required to answer the 
 application of the applicant in the above entitled proceeding 
 and to file your answer to the said application in the office of 
 the court administrator of said court, in said county, within 20 
 days after service of this summons upon you exclusive of the day 
 of such service, and, if you fail to answer the application 
 within the time aforesaid, the applicant in this proceeding will 
 apply to the court for the relief demanded therein. 

    Witness ........ court administrator of said court, and the 
 seal thereof, at .........., in said county, this ........ day 
 of .........., ..... 

    (Seal) 

  
                                       .........................
                                          Court administrator

    Subd. 2.    Jurisdiction.  When the summons has been 
 served, the court acquires jurisdiction of the subject matter of 
 the proceeding, and of all persons who have, or may have, any 
 right, title, interest, or estate in the real estate described 
 in the application, or any lien or charge upon or against it.  
 By the phrase in the summons "all other persons or parties 
 unknown claiming any right, title, estate, lien, or interest in 
 the real estate described in the application herein," all the 
 world are made parties defendant, and shall be bound and 
 concluded by the decree.  Any person claiming any right, title, 
 estate, or interest in or lien upon the land who has been served 
 shall be bound by the decree without regard to the nature of the 
 right, title, estate, or interest in or lien upon the land 
 asserted by the person or described in the application, report 
 of the examiner, summons, or otherwise, it being the public 
 policy of the state of Minnesota to give effect to the decree of 
 registration as set forth in section 508.22 as to any such 
 person.  

    HIST: (8262) RL s 3384; 1905 c 305 s 15; 1927 c 112 s 4; 1929 
 c 97 s 1; 1957 c 239 s 1; 1971 c 64 s 1; 1983 c 92 s 4; 1984 c 
 566 s 2; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1998 c 254 art 1 s 
 107 

     508.17 Answer.  

    Any person claiming any right, title, estate, or interest 
 in or lien upon the land, whether named in the summons or not, 
 may file an answer therein, within the time named in the 
 summons, or within such further time as may be allowed by the 
 court.  The answer shall state all objections to the 
 application, set forth the right, title, estate, interest, or 
 lien claimed by the party filing the same, and be signed and 
 verified by the defendant, or by some person in the defendant's 
 behalf.  

    HIST: (8263) RL s 3385; 1905 c 305 s 16; 1986 c 444 

     508.18 Guardian ad litem; when appointed.  

    Upon the petition of the applicant, or of any person 
 interested in the proceeding, the court shall appoint a 
 disinterested person to act as guardian ad litem for minors, and 
 other persons under disability, and for all persons not in being 
 who may appear to have any interest or lien upon the land.  The 
 compensation of the guardian shall be determined by the court 
 and paid by the applicant as part of the expenses of the 
 proceeding.  

    HIST: (8264) RL s 3386; 1905 c 305 s 17 

     508.19 Decree on default.  

    If no person appears and answers within the time named in 
 the summons, or allowed by the court, the court may, at once, 
 upon the motion of the applicant, no reason to the contrary 
 appearing, and upon satisfactory proof of the applicant's right 
 thereto, make and file its order and decree confirming the title 
 of the applicant and ordering the registration thereof.  

    HIST: (8265) RL s 3387; 1905 c 305 s 18 

     508.20 Trial; reference. 

    When an answer is filed, the case shall be tried by the 
 court in like manner as an ordinary civil action.  The court may 
 refer the case, or any part thereof, to one of the examiners to 
 hear the parties and their evidence, and make report thereon to 
 the court.  After the filing of the report, the court may order 
 such other or further hearing of the cause before the court, or 
 before the examiner, and may require such other or further proof 
 by any of the parties to the cause as it shall deem proper. 

    HIST: (8266) RL s 3388; 1905 c 305 s 19; 1978 c 750 s 5 

     508.21 Dismissal.  

    If the court shall find after hearing that the applicant 
 has not a title proper for registration, an order shall be 
 entered dismissing the application which may be without 
 prejudice.  The applicant may upon motion dismiss the 
 application at any time before the final decree is entered upon 
 such terms as shall be fixed by the court.  

    HIST: (8267) RL s 3389; 1905 c 305 s 20 

     508.22 Decree of registration; effect. 

    If, after hearing, the court finds the applicant has a 
 title proper for registration, whether as stated in the 
 application or otherwise, it shall make and file its decree 
 therein, confirming the title of the applicant and ordering its 
 registration.  Except as herein otherwise provided, every decree 
 of registration shall bind the land described in it, forever 
 quiet the title to it, and be forever binding and conclusive 
 upon all persons, regardless of whether they were mentioned in 
 the application or in the report of the examiner or whether they 
 possessed an interest in the land not referred to in the 
 application or in the report of the examiner, whether they were 
 mentioned by name in the summons, or included in the phrase, 
 "all other persons or parties unknown claiming any right, title, 
 estate, lien, or interest in the real estate described in the 
 application herein."  The decree shall not be opened, vacated, 
 or set aside by reason of the absence, infancy, or other 
 disability of any person affected by it, nor by any proceeding 
 at law or in equity for opening, vacating, setting aside, or 
 reversing judgments and decrees, except as herein especially 
 provided.  The decree shall forever determine, bind, and 
 conclude all the right, title, interest, estate, or lien in the 
 land described in it of the spouse of any defendant acquired or 
 growing out of the marriage relation as though the spouse had 
 been expressly named in the decree.  

    HIST: (8268) RL s 3390; 1905 c 305 s 21; 1983 c 92 s 5; 1986 c 
 444 

     508.23 Contents of decree; copy filed. 

    Subdivision 1.    Details; filing.  Every decree of 
 registration shall bear the date, hour, and minute of its entry 
 and be signed by one of the judges of the district court.  It 
 shall state whether the owner is 18 years of age or older, and 
 whether married, or unmarried, and, if married, the name of the 
 spouse; if the owner of the land is under any legal incapacity, 
 it shall state the nature thereof.  It shall contain an accurate 
 description of the land as finally determined by the court, and 
 set forth the estate of the owner and also, in such manner as to 
 show their relative priority, all particular estates, mortgages, 
 easements, liens, attachments, and other encumbrances, including 
 spousal rights, if any, to which the land or the owner's estate 
 is subject, and any other facts properly to be determined by the 
 court.  Immediately upon the filing of the decree of 
 registration, the court administrator shall file a certified 
 copy thereof with the registrar. 

    Subd. 1a.    Judicial determination of boundaries.  If 
 one or more boundary lines are judicially determined, the land 
 description in the decree of registration shall make reference 
 to that fact and to the location of the judicial landmarks that 
 mark the boundary lines.  When any of the boundary lines are 
 registered, the court administrator also shall file with the 
 registrar a certified copy of the plat of the survey which 
 contains a certification by a licensed land surveyor that the 
 boundaries registered have been marked by judicial landmarks set 
 pursuant to the order of the court.  The registrar of titles 
 shall enter the certified copy of the plat of the survey as a 
 memorial upon the certificate of title issued for the land 
 registered by the decree.  If any of the adjoining lands are 
 registered, the decree of registration shall direct the 
 registrar of titles to show by memorial upon the certificates of 
 title for the adjoining lands which of the boundary lines of 
 these lands have been determined in the district court case.  

    Subd. 2.    Appurtenant easements.  When a decree of 
 registration is entered for an appurtenant easement only, it 
 shall include the description and certificate of title number of 
 the fee simple estate to which it is appurtenant.  The registrar 
 of titles shall not issue a separate certificate of title for 
 the easement, but shall enter the easement as a memorial upon 
 the certificate of title issued for the designated fee simple 
 estate.  Upon the issuance of a new certificate of title for 
 such fee simple estate, the registrar of titles shall omit the 
 memorial of the easement and place the easement in the new 
 certificate of title immediately following the description of 
 the fee simple estate to which the easement is appurtenant. 

    HIST: (8269) RL s 3391; 1905 c 305 s 22; 1977 c 21 s 5; 1983 c 
 92 s 6; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1994 c 388 art 3 s 
 3; 1998 c 324 s 9 

     508.24 Registration runs with land; withdrawal. 

    Subdivision 1.    Subject to this chapter.  The 
 obtaining of a decree of registration, and the receiving of a 
 certificate of title shall be deemed as an agreement running 
 with the land and binding upon the applicant and successors in 
 the title that the land shall be and forever remain registered 
 land, unless withdrawn therefrom as hereinafter provided, and 
 subject to the provisions of this chapter and to all acts 
 amendatory thereof.  All dealings with the land, or any estate 
 or interest therein, and all liens, encumbrances, and charges 
 upon the same, after the land has been registered, and while it 
 remains registered, shall be expressly subject to the terms and 
 provisions of this chapter.  

    Subd. 2.    Petition; nonmetropolitan counties.  The 
 registered owner of land in counties not containing a city of 
 the first class may apply by verified petition to the district 
 court of the county wherein the land is situated for its 
 withdrawal from registration.  The application shall be heard by 
 the district court on not less than 20 days' written notice to 
 all persons appearing of record or known to the petitioner to 
 have or claim an interest in the property.  The notice shall be 
 served in the manner provided by law for the service of a 
 summons in a civil action in the district court unless otherwise 
 specified by the court.  At the hearing any person interested in 
 any manner in the land or who may be affected by its withdrawal 
 from registration, may appear and be heard in favor of or in 
 opposition to the application.  After hearing the court may 
 order that the land be withdrawn from registration, subject to 
 encumbrances, liens, and other incidents of title then existing, 
 and if so ordered shall require that a certified copy of the 
 order, a certified copy of the original decree of registration, 
 and certified copies of all undischarged instruments 
 memorialized on the certificate of title, be recorded in the 
 office of the county recorder at the expense of the petitioner.  
 In its order the court shall reconcile any differences in 
 description of the land as originally registered and as 
 described in the last certificate of title.  Upon the recording 
 of the instruments and upon filing a certified copy of the order 
 in the office of the registrar of titles, the land shall be 
 withdrawn from registration and become unregistered property.  

    HIST: (8270) RL s 3392; 1905 c 305 s 23; 1959 c 418 s 1; 1976 
 c 181 s 2; 1983 c 92 s 7; 1986 c 444; 1999 c 11 art 1 s 14 

     508.25 Rights of person holding certificate of title. 

    Every person receiving a certificate of title pursuant to a 
 decree of registration and every subsequent purchaser of 
 registered land who receives a certificate of title in good 
 faith and for a valuable consideration shall hold it free from 
 all encumbrances and adverse claims, excepting only the estates, 
 mortgages, liens, charges, and interests as may be noted in the 
 last certificate of title in the office of the registrar, and 
 also excepting any of the following rights or encumbrances 
 subsisting against it, if any: 

    (1) liens, claims, or rights arising or existing under the 
 laws or the constitution of the United States, which this state 
 cannot require to appear of record; 

    (2) the lien of any real property tax or special 
 assessment; 

    (3) any lease for a period not exceeding three years when 
 there is actual occupation of the premises thereunder; 

    (4) all rights in public highways upon the land; 

    (5) the right of appeal, or right to appear and contest the 
 application, as is allowed by this chapter; 

    (6) the rights of any person in possession under deed or 
 contract for deed from the owner of the certificate of title; 
 and 

    (7) any outstanding mechanics lien rights which may exist 
 under sections 514.01 to 514.17. 

    No existing or future lien for state taxes arising under 
 the laws of this state for the nonpayment of any amounts due 
 under chapter 268 or any tax administered by the commissioner of 
 revenue may encumber title to lands registered under this 
 chapter unless filed under the terms of this chapter.  

    HIST: (8271) RL s 3393; 1905 c 305 s 24; 1931 c 357; 1982 c 
 523 art 2 s 46; 1983 c 92 s 8; 1987 c 385 s 49; 1988 c 719 art 
 19 s 26; 1991 c 291 art 18 s 14; 1992 c 511 art 9 s 20; 1999 c 
 11 art 1 s 15 

     508.26 Opening decree.  

    Any person having any right, title, or interest in or lien 
 upon the land upon whom the summons has not been actually 
 served, and who had no notice or knowledge of the filing of the 
 application or of the pendency of such proceeding prior to the 
 entry of the decree therein, may at any time within 60 days 
 after the entry of such decree, and not afterwards, file a duly 
 verified petition setting forth such facts and praying for leave 
 to file an answer therein.  If the court is satisfied of the 
 truth of the matter set forth in such verified petition, it 
 shall make an order permitting such petitioner to answer the 
 application.  Upon the filing of such answer, and upon not less 
 than ten days' notice to the applicant, and to such other 
 persons or parties as the court may order, and in such manner as 
 it may direct, the court shall proceed to review the case, and, 
 if satisfied that its decision or decree ought to be opened, it 
 shall so order.  Thereupon the court shall proceed to hear and 
 try the case de novo and to make such further order, decision, 
 or decree therein as shall be according to equity.  

    HIST: (8272) RL s 3394; 1905 c 305 s 25; 1986 c 444 

     508.27 Title acquired pending proceeding. 

    Any person who shall acquire any right, title, interest or 
 estate in the land subsequent to the filing of the copy of the 
 application for registration with the county recorder, and prior 
 to the entry of the decree in the registration proceeding, shall 
 at once appear and answer as a party defendant in such 
 proceeding, and the right, title, interest, estate, or lien of 
 such person shall be subject to the order or decree of the court.

    HIST: (8273) RL s 3395; 1905 c 305 s 26; 1976 c 181 s 2 

     508.28 Limitation of actions.  

    No decree of registration hereafter entered, and no 
 original certificate of title hereafter issued pursuant thereto, 
 shall be adjudged invalid or set aside unless the action in 
 which the validity of such decree, or of the original 
 certificate of title issued pursuant thereto, is called in 
 question, be commenced, or the defense alleging the invalidity 
 thereof be interposed, within six months from the date of such 
 decree.  No action or proceeding for the recovery of any right, 
 title, interest, or estate in registered land adverse to the 
 title established by any original decree of registration 
 hereafter entered shall be maintained, unless such action is 
 commenced within six months from the date of such original 
 decree.  No action or proceeding for the enforcement or 
 foreclosure of any lien or charge upon or against registered 
 land in existence at the date of any original decree of 
 registration hereafter entered, and which is not recognized and 
 established by such decree, shall be maintained, unless such 
 action or proceeding is commenced within six months from the 
 date of such original decree.  No such action or proceeding 
 shall be commenced by any person who is bound by the decree.  
 Nothing herein shall affect any rights already barred when this 
 law takes effect.  

    HIST: (8274) RL s 3396; 1905 c 305 s 27 

     508.29 Appeals. 

    An appeal may be taken to the court of appeals from any 
 order or judgment of the district court under this chapter as 
 follows: 

    (1) from any final decree, within 90 days from its date 
 except that the appeal period for those parties who were not 
 personally served shall be six months from the date of the final 
 decree; upon appeal from the decree, the court of appeals may 
 review any intermediate order involving the merits or 
 necessarily affecting the decree; 

    (2) from any order granting or denying an application to 
 open, vacate, or set aside the decree, within 30 days from the 
 date of the filing of the order; 

    (3) from any order granting or refusing a new trial, or 
 from any order involving the merits of the proceeding, or some 
 part of them, within 30 days from the filing of the order; 

    (4) from any order relating to registered land after its 
 original registration, within 90 days after the entry of the 
 order. 

    All appeals from any order or decree in any proceeding 
 under this chapter shall be as in other civil cases. 

    HIST: (8275) RL s 3397; 1905 c 305 s 28; 1977 c 21 s 6; 1983 c 
 247 s 184 

     508.30 Registrar of titles.  

    County recorders shall be the registrars of titles in their 
 respective counties.  

    HIST: (8276) RL s 3398; 1905 c 305 s 29; 1976 c 181 s 2 

     508.31 Registrar's bond. 

    Before entering upon the duties of office, the registrar of 
 titles shall execute a bond to the state for such amount and 
 with such sureties as may be determined by the county board.  
 Such 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: (8277) RL s 3399; 1905 c 305 s 30; 1973 c 524 s 11; 1976 
 c 181 s 2; 1986 c 444 

     508.32 Under control of court; affixing seal. 

    The registrar of titles shall be at all times under the 
 control of the court, which may adopt such rules governing the 
 conduct of office as it may deem wise.  Every registrar of 
 titles shall have an official seal and affix the same to all 
 documents requiring the registrar's official signature.  The 
 seal may be affixed by a stamp that will print a seal that 
 legibly reproduces under photographic or electronic methods.  
 The seal also may be a printed facsimile or it may be 
 electronically generated. 

    HIST: (8278) RL s 3400; 1905 c 305 s 31; 1949 c 72 s 1; 1986 c 
 444; 1998 c 314 s 5 

     508.321 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 5 

     508.33 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 such 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: (8279) RL s 3401; 1905 c 305 s 32; 1976 c 181 s 2; 1986 
 c 444 

     508.34 Register of titles.  

    Immediately upon the filing of the decree of registration 
 with the registrar, the registrar shall proceed to register the 
 title pursuant to the terms of the decree in the manner herein 
 provided.  The registrar shall keep a book known as the 
 "Register of Titles,"  and shall enter all first and subsequent 
 certificates of title by binding or entering them therein in the 
 order of their numbers, beginning with number one.  The entering 
 of the certificate of title in the register of titles shall 
 constitute the act of registration.  The term "certificate of 
 title" shall be deemed to include all memorials and notations 
 thereon, and each certificate of title shall contain proper 
 blanks for the entry of the memorials and notations thereon.  
 Each certificate shall constitute a separate page of such book, 
 and all memorials and notations that may be entered by the 
 registrar shall be entered by the registrar upon the page 
 whereon the latest certificate of title is entered. 

    HIST: (8280) RL s 3402; 1905 c 305 s 33; 1986 c 444 

     508.349 Official signature of registrar of titles. 

    When the official signature of the registrar of titles, or 
 that of a deputy, is required under section 508.35 or 508.38, an 
 electronically generated facsimile signature or name may be used.

    HIST: 1998 c 314 s 6 

     508.35 Form of certificate. 

    The certificate of title shall contain the name and 
 residence of the owner, a description of the land, and of the 
 estate of the owner therein, and shall by memorial contain a 
 description of all encumbrances, liens, and interests in which 
 the estate of the owner is subject.  It shall state 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 substantially in the following form: 

                       CERTIFICATE OF TITLE 

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

                           REGISTRATION 

   State of Minnesota               )                      
                                    )  ss.                 
   County of ....................   )                      

    This is to certify that ..............., residing at 
 ..............., in the .................... of 
 ...................., county of ...................., and state 
 of ...................., is now the owner of an estate, 
 ......................... of and in the following described land 
 situated in the county of ............... and state of 
 Minnesota, .........................  

    Subject to the encumbrances, liens, and interest noted by 
 the memorial underwritten or endorsed hereon; and subject to the 
 following rights or encumbrances subsisting, as provided in Laws 
 1905, chapter 305, section 24, namely: 

    (1) Liens, claims, or rights arising under the laws or the 
 Constitution of the United States, which the statutes of this 
 state cannot require to appear of record; 

    (2) Any real property tax or special assessment; 

    (3) Any lease for a period not exceeding three years, when 
 there is actual occupation of the premises under the lease; 

    (4) All rights in public highways upon the land; 

    (5) Such right of appeal or right to appear and contest the 
 application as is allowed by law; 

    (6) The rights of any person in possession under deed or 
 contract for deed from the owner of the certificate of title; 

    (7) Any outstanding mechanics lien rights which may exist 
 under sections 514.01 to 514.17. 

    That the said .......................... (is/is not) of the 
 age of 18 years or older, is under no legal incapacity except 
 ......................... and is (single/married to 
 .........................), who (is/is not) of the age of 18 
 years or older and is under no legal incapacity except 
 ......................... 

    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 certificates issued subsequent to the first certificate 
 of title shall be in like form except that they shall be 
 entitled "Transfer from number (here give the number of the next 
 previous certificate relating to the same land)," and shall also 
 contain the words "Originally registered (date, volume, and page 
 of registration)."  

    HIST: (8281) RL s 3403; 1905 c 305 s 34; 1941 c 33; 1973 c 14 
 s 1; 1983 c 92 s 9; 1986 c 444; 1994 c 388 art 3 s 7; 1998 c 254 
 art 1 s 107; 1999 c 11 art 1 s 16 

     508.36 Certificates and copies as evidence. 

    The certificate of title in the register of titles, any 
 copy of it duly certified by the registrar, or by a deputy, and 
 authenticated by the registrar's seal shall be received in 
 evidence in all the courts of this state and be conclusive 
 evidence of all matters and things contained in it.  Deeds, 
 mortgages, leases, or other conveyances of real estate, and all 
 instruments in any manner affecting the title to registered 
 land, together with any notations, endorsements, or memorials 
 upon the same made by the registrar of titles, as required by 
 law, heretofore or hereafter filed with the registrar, shall be 
 received in evidence in all the courts of this state, without 
 further or other proof, and be prima facie evidence of the 
 contents of it.  Duly authenticated copies of these instruments, 
 or any of them, may likewise be received in evidence in any 
 court in this state with like force and effect as the original 
 instruments. 

    HIST: (8282) RL s 3404; 1905 c 305 s 35; 1983 c 92 s 10; 1986 
 c 444; 1991 c 199 art 1 s 79; 1999 c 11 art 1 s 17 

     508.37 Tract indexes, reception books. 

    Subdivision 1. Repealed, 1Sp1981 c 4 art 2 s 41 

    Subd. 1a.    Books.  The registrar shall likewise keep 
 tract indexes, in which the registrar shall enter an accurate 
 description of all registered land, together with the names of 
 the respective owners thereof, and a reference to the number of 
 the certificate of title.  The registrar shall keep two books, 
 to be known as the grantors' and grantees' reception books 
 respectively.  

    The grantors' reception book shall be a grantors' index of 
 instruments filed with the registrar.  Each page shall be 
 divided into columns.  The surname and given name of the grantor 
 shall be entered under the first column and under the succeeding 
 columns there shall be entered respectively the name of the 
 grantee; the date of registration, specifying the month, day, 
 year and hour and whether ante meridian or post meridian; the 
 number of the instrument; the book and page of the register of 
 titles where the land is registered; the type of instrument; and 
 a description of the property by lot or section, block or 
 township, range, addition and other pertinent information.  

    The grantees' reception book shall be a grantees' index of 
 instruments filed with the registrar.  Each page shall be 
 divided into columns.  The surname and given name of the grantee 
 shall be entered under the first column and under the succeeding 
 columns there shall be entered respectively the name of the 
 grantor; the date of registration, specifying the month, day, 
 year and hour and whether ante meridian or post meridian; the 
 number of the instrument; the book and page of the register of 
 titles where the land is registered; the type of instrument; and 
 a description of the property by lot or section, block or 
 township, range, addition and other pertinent information.  

    Subd. 2.    Entries.  The registrar shall enter in each 
 of these books in the order and manner aforesaid, and as soon as 
 the same are received, all instruments affecting the title to 
 land which are filed with the registrar and, as far as may be 
 the particulars of the instruments in the appropriate column of 
 these books.  The pages of each of the reception books shall be 
 lettered in alphabetical order, a convenient number of 
 consecutive pages being allotted to each letter of the alphabet, 
 and each entry shall be made in the grantors' reception book 
 under the initial letter of the grantor's surname, and in the 
 grantees' reception book, under the initial letter of the 
 grantee's surname, and all the entries under each letter shall 
 appear in the order as to time in which the instruments were 
 filed. 

    HIST: (8283) RL s 3405; 1905 c 305 s 36; 1953 c 520 s 1; 
 1Sp1981 c 4 art 2 s 40; 1986 c 444; 1994 c 388 art 3 s 9 

     508.38 Forms of records adopted. 

    Instruments affecting the title to land, filed with the 
 registrar, shall be numbered by the registrar consecutively, to 
 the extent practicable and the registrar shall endorse upon each 
 instrument over the registrar's official signature, OFFICE OF 
 THE REGISTRAR OF TITLES, ... COUNTY, MINNESOTA, CERTIFIED FILED 
 ON, together with the date, hour, and minute when the instrument 
 is filed, the document number thereof, and a reference to the 
 proper certificate of title.  Instruments shall be copied or 
 reproduced as provided by section 15.17, as amended.  
 Instruments shall then be returned in person or by mail to the 
 party who presented the instruments for filing or to any other 
 party to whom the registrar is directed to deliver the 
 instruments.  When the memorial of any instrument is made upon 
 any certificate, the date, number, and time of filing thereof 
 shall also be endorsed upon the certificate.  All records and 
 papers relating to registered land in the office of the 
 registrar, shall be open to the inspection of the public at such 
 times and under such 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 
 the same.  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.  

    HIST: (8284) RL s 3406; 1905 c 305 s 37; 1961 c 12 s 1; 1978 c 
 500 s 1; 1986 c 444; 1994 c 388 art 3 s 10; 1998 c 314 s 8; 1999 
 c 11 art 1 s 18 

     508.381 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 set forth in 
 sections 508.34 and 508.37, 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 7 

     508.39 Notices after registration; service.  

    All notices required by this law, 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 such 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 such person at the person's 
 post office address, as stated in the certificate 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 aforesaid shall be conclusive proof of 
 the service of such notice, but the court may, in any case, 
 order different or other service thereof by publication or 
 otherwise.  

    HIST: (8285) RL s 3407; 1905 c 305 s 37a; 1986 c 444; 1Sp1986 
 c 3 art 1 s 82 

     508.40 Copy of certificate of title to be furnished to 
  owner. 

    When a certificate of title is entered, the registrar shall 
 make a copy of it and deliver the copy to the owner or an 
 authorized agent.  The copy need not be presented or surrendered 
 to permit an instrument, voluntary or otherwise, to be filed or 
 a new certificate of title to be entered, or a memorial to be 
 made on a certificate of title. 

    HIST: (8286) RL s 3408; 1905 c 305 s 38; 1955 c 543 s 1; 1973 
 c 9 s 5; 1986 c 444; 1999 c 11 art 1 s 19 

  508.405 Repealed, 1999 c 11 art 1 s 72 

  508.41 Repealed, 1983 c 92 s 38 

  508.42 Repealed, 1983 c 92 s 38 

     508.421 Surrender of duplicate; exchange certificate. 

    Subdivision 1. Repealed, 1999 c 11 art 1 s 72 

    Subd. 2.    Multiple parcels or interests.  The owner or 
 owners of registered land holding (1) one certificate of title 
 for two or more parcels of land or (2) one certificate for 
 undivided interests in one or more parcels of land may request 
 the registrar to issue separate certificates of title to each 
 owner or for each parcel or any combination thereof as may be 
 desired consistent with their registered interests, provided a 
 registered land survey is not required by section 508.47.  When 
 the registrar of titles has issued more than one certificate of 
 title to one or more owners for one or more parcels of land, the 
 owner or owners may request the registrar to issue a single 
 certificate of title for all of the land to the owner or owners 
 of the land, or the registrar may issue two or more certificates 
 to the owner or owners of the land or for each parcel or any 
 combination thereof as may be desired consistent with their 
 registered interests, provided a registered land survey is not 
 required by section 508.47. 

    Subd. 3.    Exchange certificate designation.  A 
 certificate of title issued pursuant to this section shall be 
 known as an exchange certificate.  

    HIST: 1983 c 92 s 11; 1984 c 655 art 1 s 70; 1999 c 11 art 1 s 
 20 

     508.43 Certificate, effective date.  

    The certificate of title, when entered in the register of 
 titles, shall relate back to and take effect as of the date of 
 the decree of registration.  

    HIST: (8289) RL s 3411; 1905 c 305 s 41 

  508.44 Repealed, 1999 c 11 art 1 s 72 

  508.45 Repealed, 1999 c 11 art 1 s 72 

     508.46 Plats of registered land.  

    The owner of registered land may plat the same and 
 subdivide it into lots and blocks in like manner as in 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 thereof shall be filed with the registrar.  

    HIST: (8292) RL s 3414; 1905 c 305 s 44 

     508.47 Registered lands; transfer, surveys. 

    Subdivision 1.    Conveyances.  An owner of registered 
 land may convey, mortgage, lease, charge, or otherwise deal with 
 the same as fully as if it had not been registered.  An owner of 
 registered land 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 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 thereof which is not a 
 full government subdivision, or simple fractional or quantity 
 part of a full government subdivision, shall first file with the 
 registrar of titles a drawing in triplicate of said parcel of 
 unplatted land, showing the tract or tracts being or to be 
 conveyed, which drawing shall be known as a "registered land 
 survey."  

    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 said 
 registered land survey and the outside measurements of the 
 parcel of unplatted land and of all tracts delineated therein, 
 the direction of all lines of said tracts to be shown by angles 
 or bearings or other relationship to the outside lines of said 
 registered land survey, and the surveyor shall place monuments 
 in the ground at appropriate corners, and all tracts shall be 
 lettered consecutively beginning with the letter "A."  A 
 registered land survey which delineates multilevel tracts shall 
 include a map showing the elevation view of the tracts with 
 their upper and lower boundaries defined by elevations 
 referenced to National Geodetic Vertical Datum, 1929 
 adjustment.  None of said tracts or parts thereof may be 
 dedicated to the public by said registered land survey.  Except 
 in counties having microfilming capabilities, a reproduction 
 copy of the registered land survey shall be delivered to the 
 county auditor.  The registered land survey shall be on paper, 
 mounted on cloth, shall be a black on white drawing, the scale 
 to be not smaller than one inch equals 200 feet, and shall be 
 certified to be a correct representation of said parcel of 
 unplatted land by a registered surveyor.  The mounted drawing 
 shall be either 17 inches by 14 inches or at the registrar's 
 request 20 inches by 30 inches and not less than 2-1/2 inches of 
 the 14 inches or the 20 inches shall be blank for binding 
 purposes, and such 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. 

    At the time of filing, a certificate from the treasurer 
 that current taxes have been paid must be presented before the 
 survey is accepted by the registrar for filing.  

    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 said registered land survey, which 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 thereon or attached thereto. 

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

    Subd. 7.    Transfers of lot, block parts.  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: (8293) RL s 3415; 1905 c 305 s 45; 1951 c 566 s 1; 1953 
 c 504 s 1; 1959 c 380 s 1; 1961 c 626 s 1,2; 1967 c 470 s 1; 
 1971 c 63 s 3; 1974 c 493 s 2; 1978 c 499 s 3; 1983 c 92 s 12; 
 1985 c 16 s 1,2; 1985 c 281 s 14; 1985 c 300 s 27; 1986 c 444; 
 1994 c 388 art 3 s 14; 1999 c 11 art 1 s 21 

     508.48 Instruments affecting title filed with registrar; 
  notice. 

    Every conveyance, lien, attachment, order, decree, or 
 judgment, or other instrument or proceeding, which would affect 
 the title to unregistered land under existing laws, if recorded, 
 or filed with the county recorder, shall, in like manner, affect 
 the title to registered land if filed and registered with the 
 registrar in the county where the real estate is situated, and 
 shall be notice to all persons from the time of such registering 
 or filing of the interests therein created.  Neither the 
 reference in a registered instrument to an unregistered 
 instrument or interest nor the joinder in a registered 
 instrument by a party or parties with no registered interest 
 shall constitute notice, either actual or constructive, of an 
 unregistered interest. 

    HIST: (8294) RL s 3416; 1905 c 305 s 46; 1976 c 181 s 2; 1983 
 c 92 s 13 

     508.49 Interest less than fee; noticed by memorial. 

    No new certificate shall be issued upon any transfer of 
 registered land which does not divest the title in fee simple of 
 the land, or some part of it.  All interests in registered land, 
 less than an estate in fee simple, shall be registered by filing 
 with the registrar the instrument which creates, transfers, or 
 claims the interest, and by brief memorandum or memorial of it 
 made and signed by the registrar upon the certificate of title.  
 The cancellation of the interests shall be registered in the 
 same manner.  

    HIST: (8295) RL s 3417; 1905 c 305 s 47; 1983 c 92 s 14; 1999 
 c 11 art 1 s 22 

     508.50 Instruments to have name and address. 

    Every deed or other voluntary instrument which is presented 
 for registration shall contain or have endorsed upon it the full 
 name and post office address of the grantee, or other person, 
 who acquires or claims an interest under the instrument.  All 
 names and addresses shall also be entered upon the certificates 
 of title.  Any change in the post office address of the person 
 shall be memorialized on the certificate of title upon the 
 filing of an affidavit from the person of the change. 

    HIST: (8296) RL s 3418; 1905 c 305 s 48; 1983 c 92 s 15 

     508.51 When owner's duplicate must be presented; 
  exceptions. 

    Subdivision 1.    If voluntary instrument; exception.  
 When any voluntary instrument made by the registered owner or 
 the registered owner's attorney-in-fact is presented for 
 registration the registrar shall enter a new certificate or make 
 a memorial of registration in accordance with such instrument, 
 and the new certificate of title 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 such fraud, without prejudice to the 
 rights of any innocent holder for value of a certificate of 
 title. 

    Subd. 2. Repealed, 1999 c 11 art 1 s 72 

    HIST: (8297) RL s 3419; 1905 c 305 s 49; 1986 c 444; 1994 c 
 388 art 3 s 16; 1995 c 92 s 2; 1999 c 11 art 1 s 23 

     508.52 Conveyance; cancellation of old and issuance of 
  new certificate. 

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

    HIST: (8298) RL s 3420; 1905 c 305 s 50; 1949 c 173 s 1; 1979 
 c 13 s 1; 1986 c 444; 1994 c 388 art 3 s 18; 1999 c 11 art 1 s 
 24 

     508.53 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 registered land, and all such laws shall be complied with 
 before any deed, plat, or other instrument affecting registered 
 land shall be filed with the registrar.  When, by the terms of 
 any decree of registration, any tax or local assessment lien, or 
 the title based upon the same, is either subordinated to the 
 title adjudicated thereby or merged therein, all such liens and 
 titles shall be described in detail in the decree, and from and 
 after the entry thereof such titles and liens shall be 
 considered as having in law been paid.  A certified copy of the 
 decree shall be filed with the county auditor and with the city 
 treasurer in all counties where local assessments are paid to 
 such official.  The county auditor and city treasurer shall 
 thereafter treat the liens and titles described in such decree 
 as having in law been paid and make upon the books and records 
 of their respective offices proper entries to that effect.  If 
 any deed, plat, or other instrument affecting such land is 
 thereafter presented to the county auditor or to the city 
 treasurer upon which it is the duty of such officers to make any 
 official endorsements, they shall regard all the titles and 
 liens described in such decree as having been legally paid and 
 satisfied and make their official endorsement upon such deed, 
 plat, or other instrument without reference or regard thereto.  

    HIST: (8299) RL s 3421; 1905 c 305 s 51 

     508.54 Mortgage.  

    The owner of registered land may mortgage the same by deed 
 or other instrument sufficient in law for that purpose and such 
 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.  Such 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: (8300) RL s 3422; 1905 c 305 s 52 

     508.55 Registration of mortgage; memorial entered on 
  certificate of title. 

    The registration of a mortgage made by the registered 
 owner, the registered owner's attorney-in-fact, or by a party 
 having an interest registered on the certificate of title, other 
 than the registered owner or the registered owner's 
 attorney-in-fact, shall be made in the following manner:  The 
 mortgage deed or other instrument to be registered shall be 
 presented to the registrar, and the registrar shall enter upon 
 the certificate of title a memorial 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: (8301) RL s 3423; 1905 c 305 s 53; 1983 c 92 s 16; 1986 
 c 444; 1992 c 463 s 5; 1994 c 388 art 3 s 20; 1999 c 11 art 1 s 
 25 

     508.555 Mortgage securing revolving line of credit; 
  notice. 

    A mortgage securing a revolving line of credit under which 
 advances, payments, and readvances may be made from time to 
 time, and which states the maximum amount of the line of credit 
 which may be secured at any one time, is effective as notice to 
 parties from the time the mortgage is filed and registered as to 
 all advances and readvances secured thereby, regardless of the 
 time or amount of advances, payments, or readvances and whether 
 or not the advances or readvances are obligatory.  

    HIST: 1984 c 502 art 14 s 17 

     508.56 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 
 certificate of title.  In case only a part of the mortgage upon 
 the land is intended to be released or discharged a memorial of 
 such partial release shall be entered.  

    HIST: (8302) RL s 3424; 1905 c 305 s 54; 1992 c 463 s 6; 1999 
 c 11 art 1 s 26 

     508.57 Foreclosure; notice. 

    Mortgages upon registered land 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 thereof by advertisement, if such 
 mortgage and all assignments thereof shall have been registered, 
 and a memorial thereof duly entered upon the certificate of 
 title.  When a mortgage upon 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 registered 
 land, 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 thereof entered on the certificate of title 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 
 thereof and shall satisfy the requirements of section 580.032, 
 subdivision 3, with respect to registered land.  In all such 
 foreclosures all certificates and affidavits permitted or 
 required by law to be recorded with the county recorder shall be 
 filed with and registered by the registrar. 

    HIST: (8303) RL s 3425; 1905 c 305 s 55; 1976 c 181 s 2; 1986 
 c 444; 1992 c 463 s 7; 1999 c 11 art 1 s 27 

     508.58 Registration after foreclosure; new certificate. 

    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 registered land, become the 
 owner in fee of the land, or any part thereof, may have the 
 title registered.  Except as provided in subdivision 2, the 
 owner shall apply by duly verified petition to the court for a 
 new certificate of title to such land, and the court shall 
 thereupon, after due notice to all parties in interest and upon 
 such hearing as the court may direct, make an order for the 
 issuance of a new certificate of title to the person entitled 
 thereto, and the registrar shall thereupon enter a new 
 certificate of title to the land, or of the part thereof to 
 which the petitioner is entitled as in the case of a voluntary 
 conveyance.  

    Subd. 2.    Examiner of titles directive.  Any person 
 who has become the owner in fee of registered land, or any part 
 of the land, pursuant to a mortgage foreclosure by action under 
 chapter 581 is entitled to a new certificate of title 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 
 the new certificate of title 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 certificate of title by virtue of the foreclosure.  

    At the request of a registered owner or other person in 
 interest, the examiner of titles by a written directive may 
 direct the registrar of titles to show by memorial on the 
 certificate of title that a contract for the conveyance of a 
 time share interest, as defined in section 515B.1-103(32), has 
 been terminated in accordance with chapter 559.  The directive 
 also must specify the instruments the registrar shall omit from 
 the next certificate of title because of the cancellation. 

    HIST: (8304) RL s 3426; 1905 c 305 s 56; 1986 c 444; 1992 c 
 463 s 8; 1994 c 388 art 5 s 1; 1999 c 11 art 1 s 28 

     508.59 Registration of judgment or final decree. 

    A judgment or decree affecting registered land shall be 
 registered upon the presentation of a certified copy thereof to 
 the registrar, who shall enter a memorial thereof upon the 
 certificate of title.  When the registered owner of such land is 
 by such judgment or decree divested of an estate in fee therein, 
 or of any part thereof, the prevailing party shall be entitled 
 to a new certificate of title for the land, or so much thereof 
 as may be described in the judgment and decree, and the 
 registrar shall enter such new certificate of title as in the 
 case of a voluntary conveyance.  No such new certificate 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 certificate or 
 upon the order of the district court directing the issuance 
 thereof. 

    HIST: (8305) RL s 3427; 1905 c 305 s 57; 1973 c 14 s 2; 1986 c 
 444; 1992 c 463 s 9; 1999 c 11 art 1 s 29 

     508.60 Leases. 

    Leases of registered land for a term of three years or more 
 shall be registered.  All the provisions of this chapter 
 relating to the registration of mortgages shall apply to the 
 registration of leases so far as they are applicable to them.  

    HIST: (8306) RL s 3428; 1905 c 305 s 58; 1983 c 92 s 17 

     508.61 Trust, other limited deeds; new trustee; 
  corporate dissolution. 

    Subdivision 1.    No entry.  If a deed or other 
 instrument is filed with the registrar for the purpose of 
 transferring registered land in trust, or upon any equitable 
 condition or limitation expressed therein, or for the purpose of 
 creating or declaring a trust or other equitable interest 
 therein without the transfer thereof, the particulars of the 
 trust, condition, limitation, or other equitable interest need 
 not be entered upon the certificate of title, but a memorial 
 thereof 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 
 registered land is appointed a new certificate of title 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.  

    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 
 certificate of title in the name of the trustee in dissolution 
 upon presentation of a certified copy of the certificate setting 
 forth the adoption of the resolution together with the 
 certificate of the secretary of state that said certificate of 
 dissolution has been filed for record in the secretary's office. 

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

    HIST: (8307) RL s 3429; 1905 c 305 s 59; 1973 c 14 s 3; 1985 c 
 16 s 3; 1986 c 444; 1999 c 11 art 1 s 30,31 

     508.62 Trustee's conveyance. 

    No instrument executed by an owner whose fee title to 
 registered land 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 its registration.  The examiner shall 
 not certify any such 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 certificate of title.  The 
 certified copy of the certificate setting forth the adoption of 
 the resolution for voluntary dissolution of a corporate 
 registered owner together with the certificate of the secretary 
 of state that said certificate of dissolution has been filed for 
 record in the secretary's office shall be deemed the document 
 creating the trust.  

    HIST: (8308) RL s 3430; 1905 c 305 s 60; 1973 c 14 s 4; 1983 c 
 92 s 18; 1985 c 16 s 4; 1986 c 444; 1992 c 548 s 4 

     508.63 Registration of instruments creating liens; 
  judgments. 

    No judgment requiring the payment of money shall be a lien 
 upon registered land, except as herein provided.  Any person 
 claiming such 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 certificate or 
 certificates of title to such land.  Upon filing such copy and 
 statement, the registrar shall enter a memorial of such judgment 
 upon each certificate designated in such statement, and the 
 judgment shall thereupon be and become a lien upon the judgment 
 debtor's interest in the land described in such certificate or 
 certificates.  At any time after filing the certified copy of 
 such judgment, any person claiming the lien may, by filing a 
 written statement, as herein provided, cause a memorial of such 
 judgment to be entered upon any certificate of title to land in 
 which the judgment debtor has a registered interest and not 
 described in any previous statement and the judgment shall 
 thereupon be and become a lien upon the judgment debtor's 
 interest in such 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 
 which can reasonably 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 of titles 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, such 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 such 
 instruments to entitle them to be filed or recorded, they shall 
 also contain a reference to the number of the certificate of 
 title of the land to be affected, and, if the attachment, 
 charge, or lien is not claimed on all the land described in any 
 certificate of title, such instrument shall contain a 
 description sufficient to identify the land. 

    HIST: (8309) RL s 3431; 1905 c 305 s 61; 1977 c 21 s 7; 1996 c 
 338 art 1 s 2; 1997 c 203 art 6 s 32 

     508.64 Attachments; liens.  

    Attachments and liens of every description upon registered 
 land 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 the same, shall, in the case of like liens 
 upon registered land, be filed with the registrar.  

    HIST: (8310) RL s 3432; 1905 c 305 s 62 

     508.65 Plaintiff's attorney; name and address endorsed; 
  notice. 

    The name and address of the attorney for the party giving 
 the notice shall be endorsed upon the instrument which is 
 registered pursuant to section 508.64.  The attorney shall be 
 deemed to be the attorney for that party until the party files a 
 written notice as a memorial upon the certificate of title 
 stating that the designated attorney has ceased to be the 
 party's attorney.  

    HIST: (8311) RL s 3433; 1905 c 305 s 63; 1983 c 92 s 19; 1986 
 c 444 

     508.66 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 such 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 thereof according to the purport of such 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: (8312) RL s 3434; 1905 c 305 s 64; 1Sp1986 c 3 art 1 s 
 82; 1996 c 338 art 1 s 3 

     508.67 Acquiring title by action; new certificate. 

    Subdivision 1.    Court order.  Upon the expiration of 
 the time allowed by law for redemption of registered land, 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 such execution, or under any certificate, deed, 
 or other instrument made in the course of proceedings to enforce 
 such execution or lien, may apply to the court for an order 
 directing the entry of a new certificate to that person, and 
 upon such notice as the court may require, the petition shall be 
 heard and a proper order rendered therein.  In case the claim of 
 title is based upon a tax certificate, tax or assessment deed, 
 the petition shall be filed with the court administrator, who 
 shall docket the same in the land registration docket.  The 
 petition shall be referred to the examiner of titles for 
 examination and report in like manner as herein provided for the 
 reference of initial applications for registration.  The summons 
 shall be issued in the form and served in the manner as in 
 initial applications.  The petition shall be heard by the court 
 and the petitioner shall be required to show affirmatively that 
 all the requirements of the statute to entitle the petitioner to 
 register the title have been complied with.  The order shall 
 show the condition of the title to such land and who is the 
 owner thereof.  It shall provide, if the petitioner is found to 
 be the owner, for the cancellation of the outstanding 
 certificate of title and the registrar shall issue a new 
 certificate of title for the land in lieu and in place of the 
 outstanding certificate upon presentation to the registrar of a 
 duly certified copy of such order, according to its terms.  

    Subd. 2.    Examiner of titles directive.  Any person 
 holding title to registered land pursuant to forfeiture 
 evidenced by a county auditor's certificate of forfeiture, or 
 auditor's certificate of sale or state assignment certificate 
 that has been memorialized upon a certificate of title for at 
 least ten years is entitled to a new certificate of title for 
 the land, or so much of the land as may be described in the 
 forfeiture documents.  The registrar shall enter the new 
 certificate of title only pursuant to court order or upon the 
 written directive of the examiner of titles as to the legal 
 sufficiency of the forfeiture.  The directive of the examiner of 
 titles also must specify the instruments the registrar shall 
 omit from the new certificate of title by virtue of the 
 forfeiture. 

    HIST: (8313) RL s 3435; 1905 c 305 s 65; 1927 c 112 s 5; 1957 
 c 168 s 1; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1992 c 463 s 10; 
 1999 c 11 art 1 s 32 

     508.671 Determination of boundaries. 

    Subdivision 1.    Petition.  An owner of registered land 
 may apply by a duly verified petition to the court to have all 
 or some of the boundary lines judicially determined.  The 
 petition shall contain the full names and post office addresses 
 of all owners of adjoining lands which are in any manner 
 affected by the boundary determination.  At the time of the 
 filing of the petition with the court administrator, a copy of 
 it, duly certified by the court administrator, shall be filed 
 for record with the county recorder.  If any of the adjoining 
 lands are registered, the certified copy of the petition also 
 shall be filed with the registrar of titles and entered as a 
 memorial on the certificate of title for those lands.  When 
 recorded or filed, the certified copy of the petition shall be 
 notice forever to purchasers and encumbrancers of the pendency 
 of the proceeding and of all matters referred to in the court 
 files and records pertaining to the proceeding.  The owner shall 
 have the premises surveyed by a licensed land surveyor and shall 
 file in the proceedings a plat of the survey showing the correct 
 location of the boundary line or lines to be determined.  There 
 also shall be filed with the court administrator a memorandum 
 abstract, satisfactory to the examiner, showing the record 
 owners and encumbrancers of the adjoining lands which are in any 
 manner affected by the boundary line determination.  The 
 petition shall be referred to the examiner of titles for 
 examination and report in the manner provided for the reference 
 of initial applications for registration.  Notice of the 
 proceeding shall be given to all interested persons by the 
 service of a summons which shall be issued in the form and 
 served in the manner as in initial applications.  

    Subd. 2.    Order.  Before the issuance of any final 
 order determining the location of the owner's boundary lines, 
 the court shall fix and establish the boundaries and direct the 
 establishment of judicial landmarks in the manner provided by 
 section 559.25.  The final order shall make reference to the 
 boundary lines that have been determined and to the location of 
 the judicial landmarks that mark the boundary lines.  A 
 certified copy of the final order shall be filed by the court 
 administrator with the registrar of titles.  If any of the 
 adjoining lands are registered, the final order also shall be 
 filed upon the certificates of title for these lands and it 
 shall direct the registrar of titles to show by memorial which 
 of the boundary lines of the adjoining lands have been 
 determined in the district court case.  Upon the filing of the 
 final order, the registrar shall omit from future certificates 
 the memorial of the petition for registration of the boundary 
 lines. 

    Subd. 3.    Plat of survey to be filed.  The court 
 administrator also shall file with the registrar of titles a 
 certified copy of the plat of the survey which contains a 
 certification by a licensed land surveyor that the boundaries as 
 registered have been marked by judicial landmarks set pursuant 
 to the order of the court.  The registrar of titles shall enter 
 the certified copy of the plat of the survey as a memorial upon 
 the certificate of title. 

    HIST: 1983 c 92 s 20; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1998 
 c 324 s 9 

     508.68 Death of owner; issuance of new certificates. 

    When the owner of registered land, or of any estate or 
 interest therein, dies, having devised the same by will, the 
 persons entitled thereto may file with the registrar a certified 
 copy of such will and the personal representative's deed of 
 distribution together with any order of distribution, if there 
 be one, or certified copy of any final decree, if there be one, 
 assigning the same, and thereupon the registrar shall cancel the 
 certificate of title issued to the testator and issue a new 
 certificate of title to the persons designated.  When the owner 
 of registered land, or of any estate or interest therein, dies, 
 not having devised the same, the persons entitled thereto 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 the same, and thereupon the 
 registrar shall cancel the certificate of title issued to the 
 intestate and issue a new certificate of title to the persons 
 entitled thereto.  Unless restricted by letters testamentary or 
 letters of administration, a personal representative may sell, 
 convey, or mortgage registered land in the same manner as if the 
 land were registered in the representative's name.  Such 
 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: (8314) RL s 3436; 1905 c 305 s 66; 1975 c 347 s 10; 1976 
 c 161 s 2; 1986 c 444; 1994 c 388 art 3 s 22; 1999 c 11 art 1 s 
 33 

     508.69 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 this chapter shall impair or affect the 
 jurisdiction of the court to license any personal 
 representative, conservator or guardian to sell or mortgage 
 registered land.  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 certificate of title or memorial of registration 
 in the same manner as upon any similar voluntary transfer of 
 registered land.  No certificate shall be issued pursuant to the 
 provisions of this section or of section 508.68 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 certificate or upon the order of 
 the district court directing the issuance thereof.  

    HIST: (8315) RL s 3437; 1905 c 305 s 67; 1965 c 15 s 1; 1975 c 
 347 s 11; 1986 c 444 

     508.70 How to make adverse claim after registration. 

    Subdivision 1.    Procedure; costs.  Any person claiming 
 any right, title, or interest in registered land adverse to the 
 registered owner arising subsequent to the date of the original 
 registration, may, if no other provision is made in this chapter 
 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 certificate of title 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.  Such 
 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 such adverse claim 
 and enter such decision and decree therein as justice and equity 
 may require.  If the adverse claim is adjudged to be invalid, 
 the registration thereof shall be canceled.  The court may, in 
 any case, award such costs and damages, including a reasonable 
 attorney's fee, as it may deem just.  

    Subd. 2.    Ten-year limit unless new filing.  On and 
 after March 1, 1995, no adverse claim statement shall be notice, 
 either actual or constructive, of any matters referred to in the 
 statement after it has been of record for ten years unless a new 
 statement realleging the facts is filed within the ten-year 
 period upon the affected certificate of title or unless a 
 certified copy of a petition in a subsequent proceeding or a 
 notice of lis pendens to adjudicate the matters alleged in the 
 statement is filed within the ten-year period.  The registrar of 
 titles shall not carry forward to new certificates of title the 
 memorial of any statement of adverse claim that has terminated 
 as notice pursuant to this subdivision. 

    Subd. 3.    Exception to ten-year limit; adverse claim 
 statement by government agency.  The provisions of subdivision 
 2 do not apply to an adverse claim statement made by the United 
 States of America, this state, or any political subdivision, 
 agency, or instrumentality of the United States of America or 
 this state, which statement was filed prior to August 1, 1997, 
 and was a recital or memorial on the certificate of title for 
 the affected real property on July 31, 1997. 

    HIST: (8316) RL s 3438; 1905 c 305 s 68; 1986 c 444; 1994 c 
 388 art 3 s 24; 1997 c 9 s 3 

     508.71 Alterations; court, examiner's order; new 
  certificates. 

    Subdivision 1.    Alterations.  No erasure, alteration, 
 or amendment shall be made upon the register of titles after the 
 entry of a certificate of title or of any memorial on it, and 
 the attestation of the same by the registrar, except by order of 
 the court or as otherwise provided in this chapter.  

    Subd. 1a.    Corrections of registrar's clerical errors. 
  The registrar may correct clerical errors or omissions made 
 by the registrar's staff in producing certificates of title.  An 
 error shall not be erased or obliterated.  The registrar may 
 sign and file a correction document and memorialize it upon the 
 affected certificate of title, or may make a correction memorial 
 without a correction document.  The memorial shall show the 
 date, time of entry, the nature of the error or omission, and 
 the correct information.  If the error or omission may adversely 
 affect the interest of a party, the registrar shall refer the 
 correction to the examiner of titles.  The registrar shall 
 prepare subsequent certificates correctly and omit the memorial 
 of the correction. 

    Subd. 2.    Court order.  A registered owner or other 
 person in interest may, at any time, apply by petition to the 
 court, upon the ground that (1) registered interests of any 
 description, whether vested, contingent, expectant, or inchoate, 
 have terminated and ceased; (2) new interests have arisen or 
 been created which do not appear upon the certificate of title; 
 (3) any error or omission was made in entering a certificate of 
 title or any memorial thereon; (4) the name of any person on the 
 certificate of title has been changed; (5) the registered owner 
 has married, or, if registered as married, that the marriage has 
 been terminated; (6) a corporation which owned registered land 
 and has been dissolved has not conveyed it within three years 
 after its dissolution; or (7) 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 or by an order to show cause, as the court 
 may deem appropriate.  After notice has been given as ordered, 
 the court may order the entry of a new certificate of title, the 
 entry, amendment, or cancellation of a memorial upon a 
 certificate of title, or grant any other relief upon the terms, 
 requiring security if necessary, as it may consider proper.  The 
 provisions of this section shall not give the court authority to 
 open the original decree of registration, and nothing shall be 
 done or ordered by the court which shall impair the title or 
 other interest of a purchaser who holds a certificate of title 
 for value and in good faith, or of the purchaser's heirs or 
 assigns without written consent of the purchaser or heirs or 
 assigns.  A certified copy of the petition may be filed as a 
 memorial on any appropriate certificate of title which shall be 
 notice forever to purchasers and encumbrancers of the pendency 
 of the proceeding and all matters referred to in the court files 
 and records pertaining to the proceeding.  

    Subd. 3.    Directive by examiner.  At the request of a 
 registered owner or other person in interest, the examiner of 
 titles by a written directive may order (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 may register the 
 directives of the examiner of titles upon the certificates of 
 title, and shall give full faith to the directives.  

    Subd. 4.    Registration of memorials.  Without order of 
 court or directive of the examiner, the registrar of titles may 
 receive and register as memorials upon any certificate of title 
 to which they pertain, the following instruments:  receipt or 
 certificate of county treasurer showing redemption from any tax 
 sale or payment of any tax described in a certificate of title, 
 a state deed issued to purchaser of tax-forfeited land, a 
 certified copy of a marriage certificate showing the subsequent 
 marriage of any party shown by a certificate of title to be 
 unmarried, a certified copy of a final decree of divorce or 
 dissolution of a marriage entered in the state of Minnesota, or 
 in any state, territory or possession of the United States, or 
 the District of Columbia to establish the dissolution of a 
 marriage relationship of any party shown on the certificate of 
 title to be married, and a certified copy of the death 
 certificate of party listed in any certificate of title as being 
 the spouse of the registered owner when accompanied by an 
 affidavit satisfactory to the registrar identifying the decedent 
 with the spouse.  In all subsequent dealings with the land 
 covered by the certificates of title, the registrar shall give 
 full faith to these memorials.  

    Subd. 5.    Survivorship.  In case of a certificate of 
 title outstanding to two or more owners as joint tenants, upon 
 the filing for registration of a certificate of death of one of 
 the joint tenants and an affidavit of survivorship, the 
 registrar without the order or directive shall issue a new 
 certificate of title for the premises to the survivor in 
 severalty or to the survivors in joint tenancy as the case may 
 be.  

    Subd. 6.    Recorded instruments.  When instruments 
 affecting registered land have been recorded in the office of 
 any county recorder in this state, a certified copy thereof may 
 be filed for registration and registered with like effect as the 
 original instrument without the order or directive.  

    Subd. 7.    Condominiums.  Prior to filing with the 
 registrar of titles a declaration or bylaws for a condominium, 
 or an amendment to the declaration or bylaws, a determination 
 shall be made by an order of court in a proceeding subsequent to 
 initial registration or by a written directive of the examiner 
 of titles that the documents comply with the requirements of the 
 applicable condominium statute. 

    HIST: (8317) RL s 3439; 1905 c 305 s 69; 1933 c 160 s 1; 1967 
 c 850 s 3; 1969 c 228 s 1; 1973 c 14 s 5; 1973 c 582 s 3; 1976 c 
 181 s 2; 1983 c 92 s 21; 1985 c 16 s 5; 1985 c 300 s 28; 1986 c 
 444; 1992 c 463 s 11; 1993 c 222 art 5 s 3; 1994 c 388 art 3 s 
 25; art 4 s 14; 1996 c 338 art 1 s 4; 1999 c 11 art 1 s 34-38 

     508.72 Agency; power to be registered. 

    Any act which may legally be done or performed by any 
 person under this chapter 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: (8318) RL s 3440; 1905 c 305 s 70; 1984 c 603 s 1; 1986 
 c 444 

     508.73 Eminent domain; reversion; vacation; new 
  certificate. 

    Subdivision 1.    Registration filing; memorials.  If 
 the land of a registered owner, or any right, title, interest, 
 or estate therein is taken by eminent domain, the state or body 
 politic, or other authority which exercises such 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 so taken, together with the name of each 
 owner thereof, and referring to each certificate of title 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 certificate of title 
 by the registrar, and if the fee is taken, a new certificate 
 shall be entered in the name of the owner for the land remaining 
 to the owner after such taking.  A new certificate 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 certificate.  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 certificates 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 
 the owner's heirs or assigns, the district court, upon the 
 application of the person entitled to the benefit of such 
 reversion, and after due notice and hearing, may order the entry 
 of a new certificate of title to the person entitled thereto.  

    Subd. 2.    Street, alley vacation; legal added.  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 certificate of title 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 certificate of 
 title by order of the district court or by a written directive 
 from the examiner of titles. 

    HIST: (8319) RL s 3441; 1905 c 305 s 71; 1986 c 444; 1992 c 
 463 s 12 

     508.74 Charges on registration. 

    Subdivision 1.    Original registration.  Upon the 
 original registration of fee title to land there shall be paid 
 to the registrar 1/15 of one percent of the estimated market 
 value of the land, exclusive of improvements, as determined by 
 the last official assessment for general taxation, or $5, 
 whichever is the greater. 

    Subd. 2.    Second, fourth districts.  In the second and 
 fourth judicial districts the required fee shall be one-tenth of 
 one percent of one-third of the estimated market value of the 
 land, exclusive of improvements, or $1, whichever is the greater.

    Subd. 3.    First certificate, $2.  For the issuance and 
 registration of the first certificate of title there shall be 
 paid to the registrar the sum of $2, in addition to any other 
 sum prescribed by law. 

    Subd. 4.    Easement, $5.  Upon the original 
 registration of an appurtenant easement over unregistered land 
 there shall be paid to the registrar the sum of $5. 

    HIST: (8320) RL s 3442; 1905 c 305 s 72; 1961 c 603 s 1; 1971 
 c 660 s 1; 1974 c 256 s 1; 1974 c 322 s 9; 1977 c 21 s 8 

     508.75 Investment. 

    All money received by the registrar under the provisions of 
 sections 508.74 and 508.82, clause (1), shall be paid quarterly 
 by the registrar or the county treasurer to the state treasurer 
 and placed in the general fund.  There is annually appropriated 
 to the state treasurer from the general fund sums sufficient to 
 pay claims ordered by a district court under sections 508.77 and 
 508A.77. 

    HIST: (8321) RL s 3443; 1905 c 305 s 73; 1971 c 245 s 1; 1976 
 c 145 s 1; 1980 c 543 s 4; 1986 c 444; 1Sp1989 c 1 art 11 s 4 

     508.76 Registrar's liability. 

    Subdivision 1.    Compensation for loss or damage.  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 this law, and any person who, without 
 negligence on that person's part, is wrongfully deprived of any 
 land or of any interest therein by the registration thereof, or 
 by reason of the registration of any other person, as the owner 
 of such land, or by reason of any mistake, omission, or 
 misdescription in any certificate of title, or in any entry or 
 memorial, or by any cancellation, in the register of titles, and 
 who, by the provisions of this law, is precluded from bringing 
 an action for the recovery of such land, or of any interest 
 therein, 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 such loss or damage.  

    Subd. 2.    Documents misfiled.  The registrar may 
 reasonably rely on the affirmative representation of the party 
 presenting instruments for filing as to whether the land 
 described in the instruments or any part of it is registered or 
 unregistered.  A party who requests that misfiled instruments be 
 refiled with the registrar is responsible for paying any 
 additional fees required to properly file any instrument 
 misfiled because of an incorrect representation and, if 
 applicable, to enter a new certificate of title. 

    HIST: (8322) RL s 3444; 1905 c 305 s 74; 1986 c 444; 1Sp1986 c 
 3 art 1 s 82; 1Sp1989 c 1 art 11 s 5; 1999 c 11 art 1 s 39 

     508.77 Parties defendant; judgment; execution. 

    If such action is brought to recover any loss or damage 
 occasioned solely by the registration of such land, or solely by 
 the registration of any other person as the owner thereof, or if 
 such 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 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 such action be 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 such other person shall be 
 joined as defendants therein.  In any action where there are 
 defendants other than the state treasurer, no execution shall 
 issue against such 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 such execution shall certify thereon that the amount 
 still due upon the execution cannot be collected from them.  
 Thereupon the court, being satisfied as to the truth of the 
 return, shall order the state treasurer to pay the amount due 
 upon such 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 such actions. 

    HIST: (8323) RL s 3445; 1905 c 305 s 75; 1980 c 543 s 5; 1986 
 c 444; 1Sp1986 c 3 art 1 s 82; 1Sp1989 c 1 art 11 s 6 

     508.78 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 such fund, on account thereof. 

    HIST: (8324) RL s 3446; 1905 c 305 s 76; 1Sp1989 c 1 art 11 s 
 7 

     508.79 Limitation of action. 

    Any action or proceeding pursuant to section 508.76 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 such 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, such person, or anyone 
 claiming under that person, may commence such action or 
 proceeding within two years after such disability is removed. 

    HIST: (8325) RL s 3447; 1905 c 305 s 77; 1974 c 384 s 1; 1980 
 c 543 s 6; 1986 c 444; 1Sp1989 c 1 art 11 s 8 

     508.80 Fraudulent instrument or entry; penalty.  

    Whoever fraudulently procures, or assists in fraudulently 
 procuring, or is privy to the fraudulent procurement of, any 
 certificate of title or other instrument or of any entry in the 
 register of titles, 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 this chapter, 
 or knowingly defrauds, or is privy to defrauding, any person by 
 means of a false or fraudulent instrument, certificate, 
 statement, or affidavit affecting registered land, shall be 
 guilty of a felony punishable by a fine not exceeding $10,000, 
 or by imprisonment not exceeding five years, or by both.  

    HIST: (8326) RL s 3448; 1905 c 305 s 78; 1984 c 628 art 3 s 11 

     508.81 Court administrator's fees; notices.  

    In counties having a population of less than 600,000 and 
 containing a city of the first class, on the filing of any 
 application for registration, the applicant shall pay the court 
 administrator the sum of $3, which shall be in full of all court 
 administrator's fees and charges in such proceedings on the 
 applicant's behalf.  Any defendant on entering an appearance 
 shall pay a like sum, which shall be in full of all court 
 administrator's fees on the defendant's behalf.  When any number 
 of defendants enter their appearance jointly but one fee shall 
 be paid.  Every publication in a newspaper required by this law 
 shall be paid for by the party on whose application the 
 publication is made.  The party at whose request any notice is 
 issued shall pay for the service of the same, except when sent 
 by mail by the court administrator or by the registrar.  In all 
 other counties the fees of the court administrator of the 
 district court for services performed in connection with duties 
 in proceedings for the registration of a land title shall be 
 governed by the provisions of section 357.021. 

    HIST: (8327) RL s 3449; 1905 c 305 s 79; 1949 c 151 s 1; 1957 
 c 294 s 1; 1959 c 250 s 5; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     508.82 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), (14), (15), and 
 (16), for filing or memorializing shall be paid to the state 
 treasurer and credited to the general fund; plus a $4.50 
 surcharge shall be charged and collected in addition to the 
 total fees charged for each transaction under clauses (2) to 
 (5), (10), (12), and (16), with 50 cents of this surcharge to be 
 retained by the county to cover its administrative costs and $4 
 to be paid to the state treasury and credited to the general 
 fund; 

    (2) for registering a first certificate of title, including 
 issuing a copy of it, $30; 

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

    (4) for the entry of each memorial on a certificate, $15; 

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

    (6) for exchange certificates, $10 for each certificate 
 canceled and $10 for each new certificate 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 certificate of title, 
 other than the copies issued under clauses (2) and (3), any 
 instrument or writing on file in the office of the registrar of 
 titles, or any specified page or part of it, an amount as 
 determined by the county board for each page or fraction of a 
 page specified.  If computer or microfilm printers are used to 
 reproduce the instrument or writing, a like amount per image; 

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

    (11) for any other service under this chapter, such fee as 
 the court shall determine; 

    (12) for filing an amendment to a declaration in accordance 
 with chapter 515, $10 for each certificate upon which the 
 document is registered and $30 for an amended floor plan filed 
 in accordance with chapter 515; 

    (13) for filing an amendment to a condominium declaration 
 or plat in accordance with chapter 515A, or a common interest 
 community declaration and plat or amendment complying with 
 section 515B.2-110, subsection (c), $10 for each certificate 
 upon which the document is registered and $30 for the filing of 
 the condominium or common interest community plat or amendment; 

    (14) for a copy of a condominium floor plan filed in 
 accordance with chapter 515, a copy of a condominium plat filed 
 in accordance with chapter 515A, or a copy of a common interest 
 community plat complying with section 515B.2-110, subsection 
 (c), the fee shall be $1 for each page of the floor plan, 
 condominium plat, or common interest community plat with a 
 minimum fee of $10; 

    (15) for the filing of a certified copy of a plat of the 
 survey pursuant to section 508.23 or 508.671, $10; 

    (16) for filing a registered land survey in triplicate in 
 accordance with section 508.47, subdivision 4, $30; 

    (17) for furnishing a certified copy of a registered land 
 survey in accordance with section 508.47, 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: (8328) RL s 3450; 1905 c 305 s 80; 1911 c 349 s 1; 1951 
 c 407 s 1; 1955 c 804 s 1; 1957 c 680 s 1; 1974 c 493 s 3; 1976 
 c 77 s 2; 1976 c 145 s 2; 1976 c 181 s 2; 1980 c 543 s 7; 1980 c 
 560 s 3; 1982 c 382 s 1; 1983 c 92 s 22; 1985 c 281 s 15; 1986 c 
 342 s 2; 1986 c 444; 1Sp1989 c 1 art 11 s 9; 1991 c 226 s 2; 
 1992 c 463 s 13; 1992 c 513 art 4 s 46; 1993 c 192 s 99; 1996 c 
 338 art 3 s 3; 1999 c 11 art 1 s 40; art 3 s 20 

  508.83 Repealed, 1980 c 543 s 12 

  508.835 Repealed, 1999 c 11 art 1 s 72 

     508.836 Disposal of certain affidavits.  

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

    HIST: 1955 c 273 s 1; 1971 c 533 s 2 

     508.84 Instruments of encumbrance; disposal.  

    The registrar of titles is hereby 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 thereof.  When 
 the discharge of an encumbrance is by virtue of a judicial or 
 statutory sale, the instruments evidencing the encumbrance of 
 the foreclosure thereof, shall not be destroyed until six months 
 after entry of an unappealed order for issuance of a new 
 certificate of title to the purchaser at such sale or to the 
 purchaser's assignee.  Nothing herein contained shall relieve 
 such registrar from maintaining the books and index records 
 required under sections 508.34 and 508.37.  

    HIST: 1955 c 286 s 1; 1971 c 533 s 3; 1986 c 444