2002 Minnesota Statutes

     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