2001 Minnesota Statutes

     507.47 Creation of servitudes by common owner. 

    An easement, condition, restriction, or other servitude 
 that is imposed on real property by a recorded instrument and is 
 not in violation of law or public policy, is valid 
 notwithstanding the common ownership, when the easement, 
 condition, restriction, or other servitude is imposed, of any of 
 the real property burdened or benefited by the easement, 
 condition, restriction, or other servitude.  A conveyance of all 
 or any portion of the real property includes the benefits and 
 burdens of all easements, conditions, restrictions, or other 
 servitudes validated under this section, except as provided by 
 sections 500.20 and 541.023.  The common law doctrine of merger, 
 and not this section, applies whenever, after ownership of any 
 of the real property is severed, all of the real property 
 burdened or benefited by an easement, condition, restriction, or 
 other servitude again is owned by a common owner. 

    HIST: 2001 c 50 s 1 

*   NOTE:  This section, as added by Laws 2001, chapter 50, 
*section 1, is effective April 27, 2001, and applies to all 
*easements, conditions, restrictions, and other servitudes 
*created before, on, or after April 27, 2001. 

*   This section does not affect an action or proceeding 
*involving the validity of an easement, condition, restriction, 
*or other servitude if: 

*   (1) the action or proceeding is pending as of April 27, 
*2001, or is commenced before February 1, 2002; and 

*   (2) a notice of the pendency of the action or proceeding is 
*recorded or filed before February 1, 2002, in the office of the 
*county recorder or registrar of titles of the county in which 
*the property affected by the action or proceeding is located.  
*Laws 2001, chapter 50, section 39.