2006 Minnesota Statutes

CHAPTER 507. RECORDING AND FILING CONVEYANCES

507.01 CONVEYANCE AND PURCHASER.
The word "purchaser," as used in this chapter, embraces every person to whom any estate or
interest in real estate is conveyed for a valuable consideration and every assignee of a mortgage,
lease, or other conditional estate. The word "conveyance," as so used, includes every instrument
in writing whereby any interest in real estate is created, aliened, mortgaged, or assigned or by
which the title thereto may be affected in law or in equity, except wills, leases for a term not
exceeding three years, and powers of attorney.
History: (8195) RL s 3334

507.02 CONVEYANCES BY SPOUSES; POWERS OF ATTORNEY.
If the owner is married, no conveyance of the homestead, except a mortgage for purchase
money under section 507.03, a conveyance between spouses pursuant to section 500.19,
subdivision 4 , or a severance of a joint tenancy pursuant to section 500.19, subdivision 5, shall be
valid without the signatures of both spouses. A spouse's signature may be made by the spouse's
duly appointed attorney-in-fact.
A husband and wife, by their joint deed, may convey the real estate of either. A spouse, by
separate deed, may convey any real estate owned by that spouse, except the homestead, subject to
the rights of the other spouse therein; and either spouse may, by separate conveyance, relinquish
all rights in the real estate so conveyed by the other spouse. Subject to the foregoing provisions,
either spouse may separately appoint an attorney-in-fact to sell or convey any real estate owned
by that spouse, or join in any conveyance made by or for the other spouse. Use of a power of
attorney is subject to section 518.58, subdivision 1a. A minor spouse has legal capacity to join
in a conveyance of real estate owned by the other spouse, so long as the minor spouse is not
incapacitated because of some reason other than that spouse's minor age.
History: (8196, 8340) RL s 3335,3456; 1907 c 123 s 1; 1967 c 508 s 2; 1979 c 123 s 5;
1986 c 444; 1995 c 130 s 5; 2004 c 234 s 1

507.021 CONVEYANCES RECORDED 15 YEARS VALIDATED.
When a deed, assignment, or other instrument affecting the title to real estate shall have
been filed or recorded in the office of the county recorder of any county, or in any public office
authorized to receive such instrument for filing or recording, and shall have continued on record
for 15 years and such instrument does not affirmatively show whether the grantor or assignor or
person who executed the instrument was married such filing or recording and continuance thereof
for such 15-year period shall be prima facie evidence that such grantor or assignor or person
who executed the instrument was an unmarried person at the time of the making and delivery
of such instrument, unless prior to January 1, 1924, any person claiming any estate in the land
affected by such instrument, by, through or under such person or the person's spouse, heirs or
devisees, shall commence an action to recover such estate and shall file a notice of lis pendens at
the time of the commencement of the action in the office of the county recorder in the county
where such land is situated.
History: (8197) 1923 c 208 s 1; 1976 c 181 s 2; 1986 c 444

507.03 PURCHASE-MONEY MORTGAGE; NONJOINDER OF SPOUSE.
When a married individual purchases real property during marriage and mortgages the real
property to secure the payment of the purchase price or any portion of it, the other spouse shall
not be entitled to any inchoate, contingent, or marital property right or interest in the real property
as against the mortgagee or those claiming under the mortgagee even though the other spouse did
not join in the mortgage. A statement in the mortgage to the effect that the mortgage is a purchase
money mortgage constitutes prima facie evidence of that fact.
If any portion of the money secured by the mortgage is used for the payment of the purchase
price of the real property or any portion of it, the entire mortgage debt shall be deemed purchase
money within the meaning of this section, except that any money used to pay off the balance
owing under a contract for deed under which the purchaser has the right to possession of the
property shall not be deemed purchase money under this section.
This section applies to every purchase-money mortgage regardless of when it was granted or
created, except that this section does not affect an action or proceeding involving the validity or
enforceability of a purchase money mortgage if:
(1) the action or proceeding is pending as of August 1, 2004, or is commenced before
August 1, 2005; and
(2) a notice of the pendency of the action or proceeding is recorded or filed before August 1,
2005, in the office of the county recorder or registrar of titles of the county to which the property
affected by the action or proceeding is located.
History: (8198) 1909 c 29 s 1; 1909 c 465 s 1; 1986 c 444; 1992 c 463 s 1; 2004 c 234 s 2

507.04 CONVEYANCE OF PROTECTED PERSON'S REAL PROPERTY.
    Subdivision 1. No conveyance except by court approval. Except as otherwise provided by
this section, if a protected person's right to convey an interest in real property is restricted under
sections 524.5-401 to 524.5-433, no conveyance of the interest is effective unless ordered by the
court pursuant to section 524.5-418. A conveyance of an interest in real property owned by the
spouse of a protected person remains subject to the marital rights of the protected person unless the
protected person's conservator joins in the conveyance on behalf of the protected person pursuant
to a court order under section 524.5-418. This section does not revive marital rights in real
property extinguished as part of a property agreement or settlement between the spouses approved
by a court of competent jurisdiction, including but not limited to a valid prenuptial or postnuptial
agreement, a legal separation, or any other court approved division of assets between the spouses.
    Subd. 2.[Repealed by amendment, 2003 c 12 art 2 s 5]
    Subd. 3.[Repealed by amendment, 2003 c 12 art 2 s 5]
    Subd. 4.[Repealed by amendment, 2003 c 12 art 2 s 5]
    Subd. 5. Inchoate interest in real property of protected person's spouse. In all cases
where the court under section 524.5-418 has ordered a conveyance of the interest in real property
owned by a protected person or has ordered a protected person's joinder in the conveyance of
an interest in real property owned by the protected person's spouse, the conveyance includes the
inchoate interest of the protected person in any share or part of the real property owned by the
protected person's spouse whether or not specifically mentioned in the proceedings or conveyance.
    Subd. 6. Validity of homestead conveyance. No conveyance of the homestead is valid
unless each spouse or the duly authorized legal representative of each spouse joins in the
conveyance by joint deed or by separate deeds.
History: (8201) RL s 3338; 1915 c 131 s 1; 1919 c 395 s 1; 1955 c 243 s 1; 1976 c 181 s 2;
1986 c 444; 1995 c 189 s 8; 1996 c 277 s 1; 2003 c 12 art 2 s 5

507.05 CONVEYANCE BY CORPORATION; RESOLUTION APPOINTING ATTORNEY.
A corporation may convey its real estate by an attorney appointed by resolution of its
directors or governing board, a copy of which, certified by its clerk or secretary, may be filed
for record with the county recorder.
History: (8202) RL s 3339; 1976 c 181 s 2

507.06 QUITCLAIM DEED PASSES ALL ESTATE OF GRANTOR.
A deed of quitclaim and release shall be sufficient to pass all the estate which the grantor
could convey by a deed of bargain and sale.
History: (8203) RL s 3340

507.061 WORDS OF INHERITANCE NOT NEEDED.
    Subdivision 1. Word "heirs" unnecessary. The word "heirs," or other words of inheritance,
shall not be necessary to create or convey an estate in fee simple.
    Subd. 2. Pre 3/2/1875 conveyances. Every conveyance by deed without words of inheritance
therein executed prior to March 2, 1875, shall be received as prima facie proof of an intention on
the part of the parties thereto to convey an estate in fee simple.
History: (8203) RL s 3340

507.07 WARRANTY AND QUITCLAIM DEEDS; FORMS.
Warranty and quitclaim deeds may be substantially in the following forms:

WARRANTY DEED

A.B., grantor, of (here insert the place of residence), for and in consideration of (here insert
the consideration), conveys and warrants to C.D., grantee, of (here insert the place of residence),
the following described real estate in the county of .........................., in the state of Minnesota:
(here describe the premises).
Dated this ............... day of ................, .......
(Signature) ...................................
Every such instrument, duly executed as required by law, shall be a conveyance in fee simple
of the premises described to the grantee, the grantee's heirs and assigns, with covenants on the
part of the grantor, the grantor's heirs and personal representatives, that the grantor is lawfully
seized of the premises in fee simple and has good right to convey the same; that the premises
are free from all encumbrances; that the grantor warrants to the grantee, the grantee's heirs and
assigns, the quiet and peaceable possession thereof; and that the grantor will defend the title
thereto against all persons who may lawfully claim the same. Such covenants shall be obligatory
upon any grantor, the grantor's heirs and personal representatives, as fully and with like effect
as if written at length in such deed.

QUITCLAIM DEED

A.B., grantor, of (here insert the place of residence), for the consideration of (here insert the
consideration), conveys and quitclaims to C.D., the grantee, of (here insert the place of residence),
all interest in the following described real estate in the county of .........................., in the state
of Minnesota: (here describe the premises).
Dated this ............... day of ................, .......
(Signature) ...................................
Every such instrument, duly executed, shall be a conveyance to the grantee, the grantee's
heirs and assigns, of all right, title, and interest of the grantor in the premises described, but shall
not extend to after acquired title, unless words expressing such intention be added.
History: (8204) RL s 3341; 1986 c 444; 1998 c 254 art 1 s 107

507.08 [Repealed, 1975 c 61 s 26]

507.09 FORMS APPROVED; AMENDMENTS.
The several forms of deeds, mortgages, land contracts, assignments, satisfactions, and other
conveyancing instruments prepared by the Uniform Conveyancing Blanks Commission and filed
by the commission with the secretary of state pursuant to Laws 1929, chapter 135, as amended by
Laws 1931, chapter 34, are approved and recommended for use in the state. Such forms shall
be kept on file with and be preserved by the commissioner of commerce as a public record. The
commissioner of commerce may appoint an advisory task force on uniform conveyancing forms
to recommend to the commissioner of commerce amendments to existing forms or the adoption of
new forms. The task force shall expire, and the terms, compensation, and removal of members
shall be as provided in section 15.059. The commissioner of commerce may adopt amended or
new forms consistent with the laws of this state by order.
History: (8204-2) 1931 c 272 s 1; 1975 c 61 s 2; 1979 c 50 s 62; 1980 c 516 s 2; 1982 c
424 s 130; 1983 c 260 s 62; 1983 c 289 s 114 subd 1; 1984 c 618 s 55; 1984 c 655 art 1 s 92;
1994 c 388 art 1 s 4; 1997 c 187 art 5 s 34; 2002 c 387 s 17

507.091 CONVEYANCE TO INCLUDE NAME AND ADDRESS OF DRAFTER.
    Subdivision 1. Name and address required. No instrument by which the title to real estate
or any interest therein or lien thereon, is conveyed, created, encumbered, assigned or otherwise
disposed of, shall be recorded by the county recorder or registered by the registrar of titles until
the name and address of the person who or corporation which drafted the instrument is printed,
typewritten, stamped or written on it in a legible manner. An instrument complies with this
subdivision if it contains a statement in the following form: "This instrument was drafted by
.......... (name) .................... (address)."
    Subd. 2. Exceptions. Subdivision 1 does not apply to any instrument executed before
January 1, 1970, nor to a decree, order, judgment or writ of any court, a will or death record, nor
to any instrument executed or acknowledged outside the state.
    Subd. 3. If noncompliance. The validity and effect of the record of any instrument in the
office of the county recorder or registrar of titles shall not be lessened or impaired by the fact it
does not comply with subdivision 1.
History: 1969 c 1118 s 1-3; 1976 c 181 s 2; 1986 c 444; 1Sp2001 c 9 art 15 s 32

507.092 CONVEYANCE TO INCLUDE NAME AND ADDRESS OF GRANTEE.
    Subdivision 1. To get tax statements. No contract for deed or deed conveying fee title to
real estate shall be recorded by the county recorder or registered by the registrar of titles until
the name and address of the grantee, to whom future tax statements should be sent, is printed,
typewritten, stamped or written on it in a legible manner. An instrument complies with this
subdivision if it contains a statement in the following form: "Tax statements for the real property
described in this instrument should be sent to:
............... (name) ............... (address)."
    Subd. 2. Exceptions. Subdivision 1 does not apply to any instrument executed before
January 1, 1972, nor to a decree, order, judgment or writ of any court, a will or death record, nor
to any instrument executed or acknowledged outside the state.
    Subd. 3. If noncompliance. The validity and effect of the record of any instrument in the
office of the county recorder or registrar of titles shall not be lessened or impaired by the fact it
does not comply with subdivision 1.
History: 1971 c 795 s 1; 1975 c 391 s 1; 1976 c 181 s 2; 1Sp2001 c 9 art 15 s 32

507.093 STANDARDS FOR DOCUMENTS TO BE RECORDED OR FILED.
The following standards are imposed on documents to be recorded with the county recorder
or the registrar of titles:
(1) The document shall consist of one or more individual sheets measuring no larger than 8.5
inches by 14 inches.
(2) The form of the document shall be printed, typewritten, or computer generated in black
ink and the form of the document shall not be smaller than 8-point type.
(3) The document shall be on white paper of not less than 20-pound weight with no
background color or images and, except for the first page, shall have a border of at least one-half
inch on the top, bottom, and each side.
(4) The first page of the document shall contain a blank space at the top measuring three
inches, as measured from the top of the page, and a border of one-half inch on each side and the
bottom. The right half of the blank space shall be reserved for recording information and the
left half shall be reserved for tax certification. Any person may attach an administrative page
before the first page of the document to accommodate this standard. The administrative page may
contain the document title, document date, and, if applicable, the grantor and grantee, and shall be
deemed part of the document when recorded.
(5) The title of the document shall be prominently displayed at the top of the first page below
the blank space referred to in clause (4), or on the administrative page.
(6) No additional sheet shall be attached or affixed to a page that covers up any information
or printed part of the form.
(7) A document presented for recording must be sufficiently legible to reproduce a readable
copy using the county recorder's or registrar of title's current method of reproduction.
History: 1996 c 338 art 3 s 1; 2000 c 275 s 2; 2002 c 365 s 1; 2005 c 156 art 2 s 40;
2006 c 222 s 1

507.094 ELECTRONIC REAL ESTATE RECORDING TASK FORCE.
    Subdivision 1. Creation; membership. (a) The Electronic Real Estate Recording Task Force
established under this section shall continue the work of the task force established under Laws
2000, chapter 391, to implement and make recommendations for implementation of electronic
filing and recording of real estate documents.
(b) The task force consists of 17 members. The secretary of state is a member and the
chair of the task force and shall convene the first meeting of the task force. Members who are
appointed under this section shall serve for a term of three years beginning July 1, 2005. The task
force must include:
(1) four county government officials appointed by the Association of County Officers,
including two county recorders, one county auditor, and one county treasurer;
(2) two county board members appointed by the Association of Minnesota Counties,
including one board member from within the seven-county metropolitan area and one board
member from outside the seven-county metropolitan area;
(3) seven members from the private sector recommended by their industries and appointed
by the governor, including representatives of:
(i) real estate attorneys, real estate agents;
(ii) mortgage companies, and other real estate lenders; and
(iii) technical and industry experts in electronic commerce and electronic records
management and preservation who are not vendors of real estate related services to counties;
(4) a nonvoting representative selected by the Minnesota Historical Society; and
(5) two representatives of title companies.
(c) The task force may refer items to subcommittees. The chair shall recommend and the task
force shall appoint the membership of a subcommittee. An individual may be appointed to serve
on a subcommittee without serving on the task force.
    Subd. 2. Study and recommendations. (a) The task force shall continue the work of the task
force created by Laws 2000, chapter 391, and make recommendations regarding implementation
of a system for electronic filing and recording of real estate documents and shall consider:
(1) technology and computer needs;
(2) legal issues such as authenticity, security, timing and priority of recordings, and the
relationship between electronic and paper recorder systems;
(3) a timetable and plan for implementing electronic recording, considering types of
documents and entities using electronic recording;
(4) permissive versus mandatory systems; and
(5) other relevant issues identified by the task force.
The task force shall review the Uniform Electronic Recording Act as drafted by the National
Conference of Commissioners on Uniform State Laws and the Property Records Industry
Association position statement on the Uniform Real Property Electronic Recording Act and
recommend alternative structures for the permanent Commission on Electronic Real Estate
Recording Standards.
(b) The task force may commence establishing standards for the electronic recording of the
remaining residential real estate deed and mortgage documents and establish pilot projects to
complete the testing and functions of the task force established in Laws 2000, chapter 391, after
considering national standards from the Mortgage Industry Standards Maintenance Organization,
the Property Records Industry Association, or other recognized national groups.
(c) The task force shall submit a report to the legislature by January 15 of each year during
its existence reporting on the progress toward the goals provided in this subdivision.
    Subd. 3. Donations; reimbursement. The task force may accept donations of money or
resources, including loaned employees or other services. The donations are appropriated to the
task force and must be under the sole control of the task force.
    Subd. 4. Expiration. This section expires June 30, 2008.
History: 2005 c 156 art 2 s 41

507.10 CERTIFIED COPIES OF FORMS TO BE PRESERVED.
The board of county commissioners of each county in this state shall provide the county
recorder and the judge exercising probate jurisdiction of the county with one copy of each form
so approved, a copy of sections 507.09 to 507.14, a copy of the certificate of the Minnesota
uniform conveyancing blanks commission contained in the book of forms filed in the office of the
commissioner of commerce, and a copy of the filing certificate, to be certified as herein provided.
Upon presentation to the commissioner of commerce of sufficient number of true copies of such
forms, laws, and certificates in book form to carry out this provision, the commissioner shall,
without charge, certify the same to be true copies thereof. Each county recorder and each judge
exercising probate jurisdiction shall thereafter preserve one such certified copy on file in their
respective offices for the convenient use of the public.
History: (8204-3) 1931 c 272 s 2; 1976 c 181 s 2; 1979 c 50 s 63; 1984 c 618 s 56; 1986 c
444; 1995 c 189 s 8; 1996 c 277 s 1

507.11 [Repealed, 1969 c 995 s 7]

507.12 [Repealed, 1969 c 995 s 7]

507.13 STANDARD FORMS ESTABLISHED.
The intent is to establish a standard set of printed forms which may be used in the state for
real estate conveyancing and to fix and make uniform the fee for recording instruments drawn
on such forms and for other instruments which do not conform thereto, but sections 507.09
to 507.14 shall not in any way change present rules of construction applicable to any of these
instruments or to the contents thereof.
History: (8204-6) 1931 c 272 s 5; 1979 c 50 s 64

507.14 MINNESOTA UNIFORM CONVEYANCING BLANKS.
The forms approved and recommended for use by sections 507.09 to 507.14 may be referred
to as Minnesota uniform conveyancing blanks (1931).
History: (8204-7) 1931 c 272 s 6; 1979 c 50 s 65

507.15 UNIFORM SHORT FORM MORTGAGE; EQUIVALENT LANGUAGE.
    Subdivision 1. Explanation and form. In the form set out in this section, the blank
spaces indicate where appropriate matter is to be supplied to complete the form. The words
in parentheses are no part of the form, but indicate what matter is to be supplied to complete
it or indicate changes or additions that may be made in or to it. The words in parentheses in
the statutory equivalents of the form indicate what matter, used to complete the form, is to be
included in such equivalents to complete them.
The use of the following short form mortgage of real property is lawful, but the use of
other forms is not forbidden or invalidated:

UNIFORM SHORT FORM MORTGAGE

This statutory mortgage, made this ..... day of ....., ......., between (give name and address)
mortgagor, and (give name and address) mortgagee,
Witnesseth, that to secure the payment of (give description of indebtedness and instruments
evidencing same), the mortgagor, hereby mortgages to the mortgagee (give description of
premises "subject to" any encumbrances thereon).
And (........................., one of) the mortgagor covenants with the mortgagee the following
statutory covenants;
1. To warrant the title to the premises.
2. To pay the indebtedness as herein provided.
3. To pay all taxes.
4. To keep the buildings insured against fire for $....., and against (give other hazards insured
against and amount of such other insurance) for the protection of the mortgagee.
5. That the premises shall be kept in repair and no waste shall be committed.
6. That the whole of the principal sum shall become due after default, in the payment of any
installment of principal or interest, or of any tax, or in the performance of any other covenant, at
the option of the mortgagee.
If default be made in any payment or covenant herein, the mortgagee shall have the statutory
power of sale, and on foreclosure may retain statutory costs and attorney's fees.
In witness whereof the mortgagor has duly executed this mortgage. (Or use other
testimonium clause. Add signatures and other formalities of execution.)
    Subd. 2. Omissions, additions. Any of the covenants or the power of sale in the short form
mortgage may be omitted. Additional clauses, conditions, covenants and provisions may be added.
The language of the short form mortgage shall have the meaning and effect stated in the
following subdivisions of this section.

MEANING OF COVENANTS IN SHORT FORM MORTGAGE

    Subd. 3. Words of mortgage; equivalent. The expression contained in the short form
mortgage "the mortgagor hereby mortgages to the mortgagee" shall be equivalent to the following:
"The mortgagor also in consideration of $1.00, paid by the mortgagee, the receipt whereof is
hereby acknowledged, does hereby grant, bargain, sell, release and convey unto the mortgagee,
his heirs, successors, and assigns forever (premises "subject to" any encumbrances thereon as
described in the mortgage) together with the hereditaments and appurtenances thereunto belonging
or in any wise appertaining and all the estate, rights and interests, of the mortgagor, including
all homestead and dower rights and all inchoate and contingent rights, in and to said premises;
to have and to hold the above granted premises unto the mortgagee, his heirs, successors, and
assigns forever; provided, that if the mortgagor, his heirs, executors or administrators, shall pay
unto the mortgagee, his executors, administrators or assigns, the said sum of money mentioned
in said (instruments evidencing indebtedness) and the interest thereon, at the time and in the
manner aforesaid, and shall keep and perform each and every covenant herein contained on the
part of the mortgagor to be kept and performed, that then this mortgage, and the estate hereby
granted, shall cease, determine and become void."
    Subd. 4. Statutory covenant equivalents. The respective statutory covenants contained in
said mortgage shall have the following equivalents:
(1) Covenant 1 is equivalent to: "That the mortgagor is lawfully seized of the premises; that
he has good right to mortgage the same; that the same are free from all encumbrances except as
above stated; and that the mortgagor will warrant and defend the title to the same against all
lawful claims."
(2) Covenant 2 is equivalent to: "That the mortgagor will pay the principal sum of money
secured by this mortgage, and also the interest thereon as herein provided, and also, in case the
mortgage is foreclosed by suit the costs and expenses of the foreclosure, including maximum
statutory attorney's fees, which shall be allowed out of the proceeds of the sale."
(3) Covenant 3 is equivalent to: "That until the indebtedness hereby secured is fully paid
the mortgagor will pay all taxes, assessments, and other governmental levies which may be
assessed against or become liens on the premises, before any penalty, interests or other charge
accrues, and in default thereof the mortgagee may pay the same, and the mortgagor will repay
the same forthwith with interest at the mortgage rate, and the same shall become part of the debt
secured by the mortgage."
(4) Covenant 4 is equivalent to: "That the mortgagor will, during all the time until the
indebtedness secured by the mortgage is fully paid, keep the buildings on the premises insured
against loss or damage by fire, to the amount of (the sum specified in mortgage), and against loss
or damage by (any other hazard specified) to the amount of (sums specified therefore), and in a
company to be approved by the mortgagee, and will assign and deliver the policies of such
insurance to the mortgagee so and in such manner and form that he shall at all times, until the full
payment of said indebtedness, have and hold the said policies as a collateral and further security
for the payment of said indebtedness, or at the option of the mortgagee will make such policies
payable in case of loss to the mortgagee as his interest may appear and will deposit them with the
mortgagee, and in default of so doing, that the mortgagee may make such insurance from year to
year, or for one or more years at a time, and pay the premiums therefor, and that the mortgagor
will forthwith repay to the mortgagee the same, with interest at the mortgage rate, and that the
same shall become a part of the debt secured by the mortgage in like manner as the principal sum.
The mortgagee may retain any moneys received by him on the policies, but the same shall apply
in part payment of the mortgage."
(5) Covenant 5 is equivalent to: "That the mortgagor will at all times keep the premises in
good repair and suffer and commit no waste thereon, and that no buildings shall be removed or
demolished without the consent of the mortgagee."
(6) Covenant 6 is equivalent to: "That should any default be made in the payment of any
installments of principal or any part thereof, or in the payment of any interest or any part thereof,
on any day whereon the same is made payable, or in the payment of any tax, assessment, or
other governmental levy, as herein provided, or should any other default be made in any of the
covenants of this mortgage, then at any time thereafter while any such default continues, the
mortgagee may, at his option and without notice, declare the whole sum secured by the mortgage
immediately due and payable, and thereupon the whole sum including accrued interest, secured
by the mortgage, shall immediately become and be due and payable."
    Subd. 5. Power of sale equivalent. The statutory power of sale clause contained in said
mortgage immediately following covenant 6, shall be equivalent to the following:
"If default be made in the payment of the principal or interest or any part thereof, or of taxes,
assessments, insurance premiums, or any other sum, when the same becomes due as herein
provided, the mortgagor hereby authorizes and empowers the mortgagee forthwith to foreclose
this mortgage, and to sell the mortgaged premises at public auction according to the statute in
such case provided, and to apply the proceeds of the sale to pay all amounts then due on the
mortgage, including principal, interest, and the amount of any taxes, assessments and insurance
premiums and any other sum which may then be due to the mortgagee, and also to pay all costs
and expenses of such foreclosure sale, including maximum statutory attorney's fees, which costs,
expenses, and fees the mortgagor agrees to pay."
    Subd. 6. Obligations are benefits to whom? All the obligations of the mortgagor as set
forth in this section shall be construed as applying to the mortgagor's heirs, executors, and
administrators or successors; and all the rights and powers of the mortgagee shall inure for the
benefit of and may be exercised by the mortgagee's executors, administrators, successors, or
assigns.
    Subd. 7. Prior mortgage obligation equivalent. The following covenant may be added to
the covenants of the short form mortgage: "7. To pay principal and interest on prior mortgages."
When so added it is equivalent to: "That until the indebtedness hereby secured is fully paid, the
mortgagor will pay when due, whether by acceleration or otherwise all interest and principal and
other sums owing to the mortgagee therein on any mortgage which is a lien on the premises prior
to this mortgage, and in default of so paying all such interest and principal and other sums,
the mortgagee herein may pay the same and the mortgagor will forthwith repay the same with
interest at the rate of this mortgage and the same shall become a part of the debt secured by this
mortgage in like manner as the principal sum."
    Subd. 8. Citation. This section may be cited as the Uniform Short Form Mortgage Act.
History: (8204-9, 8204-10, 8204-11) 1931 c 204 s 1-3; 1986 c 444; 1998 c 254 art 1 s 107

507.16 NO COVENANTS OF TITLE IMPLIED.
Except as provided in section 507.07, no covenant of title shall be implied in any conveyance
or mortgage, whether such conveyance contains special covenants or not.
History: (8205) RL s 3342; 1971 c 922 s 1

507.161 CONVEYANCE BY DISSEISEE.
No grant or conveyance of lands, or of any interest therein, shall be void for the reason that,
at the time of the execution thereof, such land was in the actual possession of another claiming
adversely.
History: (8205) RL s 3342

507.17 CONVEYANCE INCLUDES ABUTTING VACATED PUBLIC RIGHT-OF-WAY.
Every conveyance of real estate which abuts upon a vacated street, alley, or other public
right-of-way shall be construed to include that part of such right-of-way or street which, either by
operation or presumption of law, attaches thereto upon such vacation, unless such conveyance
expresses a contrary intention.
History: (8208-1) 1939 c 386

507.18 PROHIBITED RESTRICTIONS.
    Subdivision 1. Religious faith, creed, race, color. No written instrument hereafter made,
relating to or affecting real estate, shall contain any provision against conveying, mortgaging,
encumbering, or leasing any real estate to any person of a specified religious faith, creed, race
or color, nor shall any such written instrument contain any provision of any kind or character
discriminating against any class of persons because of their religious faith, creed, race or color. In
every such provision any form of expression or description which is commonly understood as
designating or describing a religious faith, creed, race or color shall have the same effect as if its
ordinary name were used therein.
    Subd. 2. Restriction only is void. Every provision referred to in subdivision 1 shall be void,
but the instrument shall have full force in all other respects and shall be construed as if no such
provision were contained therein.
    Subd. 3. Words constructively defined. As used in this section the phrase "written
instruments relating to or affecting real estate," embraces every writing relating to or affecting any
right, title, or interest in real estate, and includes, among other things, plats and wills; and the
word "provision" embraces all clauses, stipulations, restrictions, covenants, and conditions of the
kind or character referred to in subdivision 1.
    Subd. 4. Civil action; damages. Every person who violates subdivision 1, or aids or incites
another to do so, shall be liable in a civil action to the person aggrieved in damages not exceeding
$500.
History: (8206, 8207, 8208, 8209) 1919 c 188 s 1-3; 1953 c 480 s 1

507.19 CONVEYANCE BY TENANT FOR LIFE OR YEARS; NO FORFEITURE.
A conveyance made by a tenant for life or years, purporting to grant a greater estate than the
tenant possessed or could lawfully convey, shall not work a forfeiture of the estate of a tenant for
life or years, but shall pass to the grantee all the estate which such tenant could lawfully convey.
History: (8210) RL s 3343; 1986 c 444

507.20 GRANTOR TO MAKE KNOWN ENCUMBRANCE.
In all conveyances by deed or mortgage of real estate upon which any encumbrance exists,
the grantor, whether executing the same in the grantor's own right, or as executor, administrator,
assignee, trustee, or otherwise by authority of law, shall, before the consideration is paid, by
exception in the deed or otherwise, make known to the grantee the existence and nature of such
encumbrance, so far as the grantor has knowledge thereof.
History: (8211) RL s 3344; 1986 c 444

507.21 LIABILITY OF GRANTOR WHO COVENANTS AGAINST ENCUMBRANCES.
Whoever conveys real estate by deed or mortgage containing a covenant that it is free from
all encumbrances, when an encumbrance, whether known to the person conveying or not, appears
of record to exist thereon, but does not exist in fact, shall be liable in an action of contract to the
grantee, the grantee's heirs, executors, administrators, successors, or assigns, for all damages
sustained in removing the same.
History: (8212) RL s 3345; 1986 c 444

507.22 [Repealed, 1973 c 9 s 6]

507.23 INCOMPLETE CONVEYANCE, HOW PROVEN.
When any grantor dies, or departs from or resides out of the state, not having acknowledged
the grantor's conveyance, the execution thereof may be proved before any court of record by
proving the handwriting of the grantor.
History: (8216) RL s 3347; 1973 c 9 s 2; 1986 c 444

507.235 FILING CONTRACTS FOR DEED.
    Subdivision 1. Filing required. All contracts for deed executed on or after January 1, 1984,
shall be recorded by the vendee within four months in the office of the county recorder or registrar
of titles in the county in which the land is located. Any other person may record the contract.
This filing period may be extended if failure to pay the property tax due in the current year on a
parcel as required in section 272.121 has prevented filing and recording of the contract. In the
case of a parcel that was divided and classified under section 273.13 as class 1a or 1b, the period
may be extended to October 31 of the year in which the sale occurred, and in the case of a parcel
that was divided and classified under section 273.13 as class 2a, the period may be extended to
November 30 of the year in which the sale occurred.
A person receiving an assignment of a vendee's interest in a contract for deed that is
transferred on or after January 1, 1989, shall record the assignment within four months of the date
of transfer in the office of the county recorder or registrar of titles in the county in which the land
is located. For the purpose of this section, "assignment" means an assignment or other transfer of
all or part of a vendee's interest in a contract for deed. Any other person may record an assignment.
    Subd. 2. Penalty for failure to file. (a) A vendee who fails to record a contract for deed,
as required by subdivision 1, is subject to a civil penalty, payable under subdivision 5, equal
to two percent of the principal amount of the contract debt. Payments of the penalty shall be
deposited in the general fund of the county. The penalty may be enforced as a lien against the
vendee's interest in the property.
(b) A person receiving an assignment of a vendee's interest in a contract for deed who fails to
record the assignment as required by subdivision 1 is subject to a civil penalty, payable under
subdivision 5, equal to two percent of the original principal amount of the contract debt. Payments
of the penalty must be deposited in the general fund of the county. The penalty may be enforced
as a lien against the vendee's interest in the property.
    Subd. 3. Disclosure. (a) Whenever a contract for deed or assignment of a vendee's interest in
a contract for deed is not recorded and a city or county attorney requires information concerning
the contract for deed or assignment of contract for deed for the performance of the attorney's
duties on behalf of the city or county, the city or county attorney may request disclosure under
paragraph (b).
(b) A vendor, vendee, or current or former holder of a vendor's or vendee's interest in a
contract for deed, a person who collects payments made under a contract for deed, or a person in
possession of the property subject to a contract for deed shall, on written request that includes a
copy of this section made by the city or county attorney of the city or county in which the property
is located, disclose all information known to the person relating to:
(1) the identity and residence or office mailing address of the parties to the contract for
deed; and
(2) any assignments of the contract for deed.
The disclosure also must include any legible, true and correct copies of each contract for
deed and assignment documents in the possession of or reasonably available to the person
required to disclose.
The information must be disclosed in writing to the city or county attorney within 14 days of
receipt of the written request.
    Subd. 4. Criminal penalty. A person who is required to record a contract for deed or an
assignment of a contract for deed under subdivision 1 and who fails to record the contract for
deed or assignment within 14 days of receipt of the notice required under subdivision 5 is guilty
of a misdemeanor. A city in which the land is located or, if the land is not located within a city,
the county in which the land is located, may prosecute criminal violations of this section. This
criminal liability is in addition to civil liability imposed under this section.
    Subd. 5. Civil enforcement. (a) A city in which the land is located or, if the land is not
located within a city, the county in which the land is located, may enforce the provisions of this
section. The city or county may bring an action to compel the recording of a contract for deed
or any assignments of a contract for deed, an action to impose the civil penalty, or an action to
compel disclosure of information.
(b) Prior to bringing an action under this subdivision to compel recording or to impose
the penalty, or an action under subdivision 4, the city or county must provide written notice to
the person, subject to subdivision 1, of the person's duty to record the contract for deed or the
assignment. If the person so notified fails to record the contract for deed or assignment documents
within 14 days of receipt of the notice, an action may be brought.
(c) It is an affirmative defense in an enforcement action under this section that the contract
for deed or assignment document is not recordable, or that section 272.121 prohibits the recording
of the contract for deed or assignment, and that the defendant has provided to the city or county
attorney true and correct copies of the documents within 14 days after receipt of the notice.
(d) In an action brought under this subdivision, the city or county attorney may recover costs
and disbursements, including reasonable attorney fees.
History: 1983 c 342 art 2 s 25; 1984 c 593 s 45; 1984 c 655 art 1 s 69; 1988 c 566 s 1;
1988 c 719 art 19 s 25

507.236 TRANSFER STATEMENT FOR CONTRACT FOR DEED.
    Subdivision 1. Definition. In this section, "transfer statement for a contract for deed" means
a document that:
(1) is a transfer statement made in compliance with section 336.9-619(a); and
(2) transfers a seller's interest in an executory contract for the sale of real estate or of an
interest in real estate that entitles the purchaser to possession of the real estate.
    Subd. 2. Recording of statement. A transferee under a transfer statement for a contract for
deed is entitled to have the statement recorded as provided in section 336.9-619(b). Recording
must be with the county recorder or registrar of titles in the county where the affected real estate
is located.
    Subd. 3. Effects of recording. Subject to compliance with any applicable provisions of
section 508.491 or 508A.491, recording a transfer statement for a contract for deed has the
following effects:
(1) it transfers from the contract seller named as debtor in the statement to the transferee all
title and interest of the contract seller in the real estate described in the statement;
(2) it has the same effect as an assignment and a deed from the contract seller to the
transferee; and
(3) it is a conveyance within the meaning of section 507.34.
History: 2001 c 195 art 1 s 19

507.24 RECORDABLE, WHEN.
    Subdivision 1. General. To entitle any conveyance, power of attorney, or other instrument
affecting real estate to be recorded, it shall be legible and archivable, it shall be executed,
acknowledged by the parties executing the same, and the acknowledgment certified, as required
by law. All such instruments may be recorded in every county where any of the lands lie. If the
conveyance, power of attorney, or other instrument affecting real estate is executed out of state, it
shall be entitled to record if executed as above provided or according to the laws of the place of
execution so as to be entitled to record in such place.
    Subd. 2. Original signatures required. (a) Unless otherwise provided by law, an instrument
affecting real estate that is to be recorded as provided in this section or other applicable law must
contain the original signatures of the parties who execute it and of the notary public or other
officer taking an acknowledgment. However, a financing statement that is recorded as a filing
pursuant to section 336.9-502(b) need not contain: (1) the signatures of the debtor or the secured
party; or (2) an acknowledgment.
(b) Any electronic instruments, including signatures and seals, affecting real estate may only
be recorded as part of a pilot project for the electronic filing of real estate documents implemented
by the task force created in Laws 2000, chapter 391, or by the Electronic Real Estate Recording
Task Force created under section 507.094. A county that participated in the pilot project for the
electronic filing of real estate documents under the task force created in Laws 2000, chapter 391,
may continue to record or file documents electronically, if:
(1) the county complies with standards adopted by the task force; and
(2) the county uses software that was validated by the task force.
A county that did not participate in the pilot project may record or file a real estate document
electronically, if:
(i) the document to be recorded or filed is of a type included in the pilot project for the
electronic filing of real estate documents under the task force created in Laws 2000, chapter 391;
(ii) the county complies with the standards adopted by the task force;
(iii) the county uses software that was validated by the task force; and
(iv) the task force created under section 507.094, votes to accept a written certification of
compliance with paragraph (b), clause (2), of this section by the county board and county recorder
of the county to implement electronic filing under this section.
(c) Notices filed pursuant to section 168A.141, subdivisions 1 and 3, need not contain an
acknowledgment.
History: (8217) RL s 3348; 1947 c 566 s 2; 1973 c 9 s 3; 1998 c 262 s 7; 2001 c 195 art 1 s
20; 2002 c 365 s 2; 2003 c 90 s 2; 2005 c 4 s 120; 2005 c 156 art 2 s 42

507.25 CERTIFIED COPY OF RECORD MAY BE RECORDED.
A copy of the record of any conveyance or other instrument authorized by law to be recorded
in the office of the county recorder in any county, or actually recorded therein in any county
other than that in which the land described in or affected by the instrument was situated at the
time of the record thereof, or authorized by law to be recorded in the Office of the Secretary
of State or of the commissioner of finance, certified by the proper custodian of such record to
be a true copy thereof, may be recorded in any county, with the same force and effect that the
original instrument would have if so recorded.
History: (8218) RL s 3349; 1973 c 492 s 14; 1976 c 181 s 2

507.251 CONSTRUCTIVE NOTICE, WHEN NOT AFFECTED.
    Subdivision 1. Attestation clause, acknowledgment; defect, absence. In any case where an
instrument affecting the title to real estate, or authorizing an act affecting the title to real estate,
was heretofore or is hereafter filed for record and recorded in the office of the county recorder
or filed in the office of the registrar of titles of the county in this state wherein the real estate,
or any part thereof, is situated, and there is apparent on the face of the instrument or the record
thereof a defect in the attestation of the instrument, or the absence of any attestation, or a defect
in the acknowledgment of the instrument or in the certification of the acknowledgment, or the
absence of any certificate of acknowledgment, or a combination of two or more of such defects,
the instrument and the filing and record thereof and certified copies of the instrument and of the
record thereof shall have the same force and effect as constructive notice and the same force and
effect as evidence and the same force and effect for all purposes that they would have had if no
such defect or omission in attestation, acknowledgment or certification of acknowledgment had
been apparent on the face of the instrument or the record thereof.
    Subd. 2. Recording and filing of wills excepted. This section shall not apply to the
recording or filing of wills.
    Subd. 3. Recording officers, liability not affected. This section shall not be construed
as relieving the county recorder or the registrar of titles of any county in this state from any
penalty or liability imposed by law for accepting and recording or filing an instrument not legally
entitled to record or filing.
    Subd. 4. Limitation. This section shall not affect any action pending on March 18, 1949, or
commenced before January 1, 1950, in any court in this state.
History: 1949 c 134 s 1-4; 1976 c 181 s 2

507.26 JUDGMENTS.
A certified copy of any judgment, decree, or order made by any court of record within the
state, affecting title to real estate or any interest therein, may be recorded in any county where any
of the lands lie, in the same manner and with like effect as a conveyance.
History: (8219) RL s 3350

507.27 COPY OF WILL AND ORDER ADMITTING TO PROBATE.
An authenticated or certified copy of any will devising lands, or any interest therein, and
the order admitting the will to probate, may be recorded in the office of the county recorder of
the county in which the lands lie.
History: (8220) RL s 3351; 1947 c 307 s 1; 1976 c 181 s 2

507.28 DEEDS OF PEWS.
Deeds of pews and slips in any church may be recorded by the county recorder of the county
in which such church is situated, or by the clerk of the society or proprietors, if incorporated
or legally organized.
History: (8221) RL s 3352; 1976 c 181 s 2

507.29 AFFIDAVITS AS EVIDENCE.
Any affidavit relating to the identification, the marital status or relation, the relation as to
service in the armed forces of the United States, the death, or the time of death, of any person
who is a party to any instrument affecting the title to real estate, or an affidavit relating to the
identification of any corporation or other legal entity which is a party to any instrument affecting
the title to real estate, duly sworn to before any officer or person authorized to administer an
oath under the laws of this state, shall be recordable in the office of the county recorder where
such instrument is recorded.
Any such affidavit so recorded, or a certified copy thereof, is admissible as evidence in any
action involving the instrument to which it relates or the title to the real estate affected by such
instrument and is prima facie evidence of the facts stated therein.
History: (8221-1, 8221-2) 1931 c 209 s 1,2; 1949 c 276 s 1; 1965 c 773 s 1; 1976 c 181 s 2

507.291 [Repealed, 1984 c 603 s 29]

507.292 [Repealed, 1984 c 603 s 29]

507.293 [Repealed, 1984 c 603 s 29]

507.294 [Repealed, 1984 c 603 s 29]

507.30 ACTION TO TEST NEW COUNTY; CONVEYANCES, WHERE RECORDED.
During the pendency of any action or proceeding to test the validity of the organization of a
new county, all instruments affecting real estate within such county may be recorded in the
original county with the same effect as if recorded in such new county.
History: (8222) RL s 3353

507.31 RAILROAD LANDS.
    Subdivision 1. Certified lists filed in counties. Every railroad company to whom lands have
been or shall be conveyed by the state to aid in the construction of its road shall prepare, at its own
expense, separate lists of such lands lying within the several counties, according to the government
surveys, which lists shall be compared by the commissioner of finance with the original lists in the
commissioner's office received from the Interior Department of the general government; and each
list when corrected by the commissioner shall have appended thereto a certificate that the same is a
correct and complete list of the lands in the county certified to the state and by it conveyed to such
company. Such lists so certified shall be filed by the companies with the county recorders of the
respective counties where such lands lie, who shall keep the same as public records, and they shall
be prima facie evidence of the title of such companies. In all cases where any railroad company
has failed to comply with the provisions of this section, the board of county commissioners of any
county in this state is hereby authorized to direct the county recorder of the county to transcribe
directly from the original patents or approved lists from the United States government to the
state of Minnesota and the record of deeds from the state of Minnesota to the railroad company
receiving such lands. Such original patents and record of deeds being on file in the commissioner
of finance's office, the commissioner of finance shall offer the needed conveniences to any county
recorder who desires to make a transcript as herein provided. The county board shall furnish the
county recorder with the necessary books and records. It shall be the duty of the commissioner of
finance to carefully compare such transcribed copies of patents, approved lists or deeds with the
original instruments and records on file in the commissioner's office, and when compared to so
duly certify to each instrument. Such transcribed records duly certified by the commissioner of
finance when deposited with the county recorder of any county shall be prima facie evidence of
the facts therein set forth and of the original instruments so recorded; and an official transcript
therefrom shall be admissible as evidence in all the courts of the state. The commissioner of
finance shall receive no fees for services rendered. The county recorder shall receive the same
fees as allowed by law for recording original instruments in the county recorder's office, which
sum shall be paid by the county upon the approval of the board of county commissioners.
    Subd. 2.[Repealed, 1984 c 618 s 61]
History: (8223, 8224) RL s 3354,3355; 1913 c 393 s 1; 1973 c 492 s 14; 1976 c 181 s
2; 1986 c 444

507.32 RECORD, WHEN NOTICE TO PARTIES; ASSIGNMENT OF MORTGAGE.
The record, as herein provided, of any instrument properly recorded shall be taken and
deemed notice to parties. The record of an assignment of a mortgage shall not in itself be notice
of such assignment to the mortgagor, the mortgagor's heirs or personal representatives, so as to
invalidate any payment made by either of them to the mortgagee.
History: (8225) RL s 3356; 1986 c 444

507.325 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 recorded 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.
History: 1984 c 502 art 14 s 16

507.327 MORTGAGES, DEEDS OF TRUST AND OTHER INSTRUMENTS OF PUBLIC
UTILITIES; FILING AND RECORDING.
    Subdivision 1. Filing with secretary of state. A mortgage or deed of trust to secure a
debt executed by a public utility as defined in section 336B.01 covering the whole or part of
its easements or other less than fee simple interests in real estate used in the transmission or
distribution of gas, electric, or telephone service, and also covering the fixtures of the public
utility which are annexed to it, may be filed in the Office of the Secretary of State along with,
or as part of, the financing statement covering the fixtures. The filing of the mortgage or deed
of trust has the same effect, and is notice of the rights and interests of the mortgagee or trustee
in the easements and other less than fee simple interests in real estate to the same extent, as if
the mortgage or deed of trust were duly recorded in the office of the county recorder, or duly
registered in the office of the registrar of titles, of the counties in which the real estate is situated.
The effectiveness of the filing will terminate at the same time as provided in section 336B.02,
subdivision 3 , for the termination of the effectiveness of fixture filing.
    Subd. 2. What constitutes a specific description. For the purposes of this section, a
mortgage or deed of trust filed under this section contains a sufficient description to give notice
of the rights and interests of the mortgagee or trustee in the easements and other less than fee
simple interests in the real estate used for the transmission and distribution of gas, electric, or
telephone service of the public utility if the mortgage or deed of trust states that the security
includes rights-of-way of or transmission or distribution systems of or lines of the public utility,
or all property owned by the public utility.
    Subd. 3. Filing of prior instruments. A mortgage or deed of trust filed before March 28,
1974 along with, or as part of, the financing statements filed under section 300.112, which
complies with the provisions of this section, is filed under this section as of March 28, 1974.
    Subd. 4. Application. This section does not apply to real estate owned in fee simple by
a public utility.
History: 1974 c 272 s 1; 1976 c 181 s 2; 1984 c 628 art 5 s 1; 2005 c 69 art 1 s 21

507.328 MORTGAGES AND DEEDS OF TRUST OF PIPELINE COMPANIES; FILING
AND RECORDING.
    Subdivision 1. Filing with secretary of state. A mortgage or deed of trust to secure a debt
executed by a pipeline company engaged in the business of transporting oil, gas, petroleum
products, or other commodities that may be transported by pipeline, other than a "public utility"
as defined in Minnesota Statutes 1982, section 300.111, covering the whole or any part of
its easements or other less than fee simple interests in real estate used in the transportation or
distribution of oil, gas, petroleum products, or other commodities that may be transported by
pipeline, and also covering the fixtures of the pipeline company which are annexed to the pipeline
must be filed in the Office of the Secretary of State along with or as a part of the financing
statement covering the fixtures. The filing of the mortgage or deed of trust shall have the same
effect, and shall be notice of the rights and interests of the mortgagee or trustee in the easements
and other less than fee simple interests in real estate to the same extent as if the mortgage or deed
of trust were duly recorded in the office of the county recorder, or duly registered in the office of
the registrar of titles of the county or counties in which the real estate is situated. The mortgages
or deeds of trust may by their terms include after-acquired property, real and personal, and shall
be as valid and effectual for that purpose as if the after-acquired property were owned by, and in
possession of, the company giving the mortgage and deed of trust at the time of the execution.
Notwithstanding the Uniform Commercial Code the filing and recording of the mortgage and
deed of trust in the office of the secretary of state shall be notice of the rights of all parties in the
real and personal property and fixtures covered by the filing and will so remain until satisfied or
discharged without further affidavit, continuation statement, or proceeding.
    Subd. 2. Effect of prior instrument. For the purposes of this section, any mortgage or deed
of trust filed under this section shall be deemed to contain a sufficient description to give notice of
the rights and interest of the mortgagee or trustee in the easements and other less than fee simple
interests in the real estate used for the transmission of oil, gas, petroleum products, or other
commodities which may be transported by pipeline if the mortgage and deed of trust states that
the security includes rights-of-way, transmission systems, or lines of the pipeline company, or
all property owned by the pipeline company.
    Subd. 3. Nonapplication. This section shall not apply to any real estate owned by a pipeline
company in fee simple.
History: 1967 c 338 s 1,2; 1976 c 181 s 2; 1983 c 87 s 1; 1984 c 628 art 5 s 1; 2005 c 69
art 1 s 21

507.33 CERTAIN RECITALS NOT TO CONSTITUTE NOTICE OF MORTGAGE.
Where an instrument affecting the title to real property in this state recites the existence of a
mortgage against the real property, or some part thereof, where the instrument containing such
recital either was recorded prior to 1900 in the office of the county recorder of the county where
the real property, or some part thereof, is situated, or was filed prior to that date in a judicial
proceeding affecting the real property, or some part thereof, in the district court or probate court
of such county, and where the time of the maturity of the whole of the debt secured by the
mortgage is not clearly stated in the recital, then such recital may be disregarded and shall not
constitute notice of the mortgage, either actual or constructive, to any subsequent purchaser or
encumbrancer of the real property, or any part thereof.
History: (8225-1) 1939 c 390 s 1; 1976 c 181 s 2

507.331 CERTAIN RECITALS DISREGARDED.
Where any instrument affecting the title to real estate in this state recites the existence of a
contract for conveyance affecting such real property, or some part thereof, and the instrument
containing such recital was recorded prior to 1910 in the office of the county recorder of the
county wherein the real property, or some part thereof, is situated, and no action or proceeding
has been taken upon such contract for conveyance and the time for performing the conditions
contained in such contract expired prior to 1925, then such recital may be disregarded and
shall not constitute notice of the contract for conveyance, either actual or constructive, to any
subsequent purchaser or encumbrancer of the real property, or any part thereof.
History: 1941 c 192 s 1; 1976 c 181 s 2

507.332 WHETHER RECORDED RECITAL OF UNRECORDED MORTGAGE IS
NOTICE.
    Subdivision 1. No notice. A recital of the existence of an unrecorded mortgage in an
instrument:
(1) that affects title to real property and
(2) is recorded with the county recorder of the county where the real property is located,
is not actual or constructive notice to a subsequent purchaser or encumbrancer once five years
have passed since the date of the instrument containing the recital, unless the conditions in
subdivision 2 are met.
    Subd. 2. Notice. If, in the circumstances described in subdivision 1, an action to foreclose
the unrecorded mortgage was commenced and a notice of pendency or notice of lis pendens
was recorded during the five-year period, then, the recital is actual or constructive notice of the
unrecorded mortgage to a subsequent purchaser or encumbrancer of the real property.
    Subd. 3. Foreclosure period unaffected. This section does not limit or extend the period,
set out in section 541.03, to bring an action to foreclose a mortgage.
    Subd. 4. If lis pendens before March 1995. This section does not affect a proceeding to
foreclose a mortgage pending on August 1, 1994, or to be commenced in a court of this state
if, before March 1, 1995, a notice of lis pendens has been recorded in the office of the county
recorder or filed in the office of the registrar of titles.
History: 1943 c 180; 1947 c 626 s 1; 1976 c 181 s 2; 1994 c 388 art 1 s 5

507.34 UNRECORDED CONVEYANCES VOID IN CERTAIN CASES.
Every conveyance of real estate shall be recorded in the office of the county recorder of the
county where such real estate is situated; and every such conveyance not so recorded shall be
void as against any subsequent purchaser in good faith and for a valuable consideration of the
same real estate, or any part thereof, whose conveyance is first duly recorded, and as against any
attachment levied thereon or any judgment lawfully obtained at the suit of any party against the
person in whose name the title to such land appears of record prior to the recording of such
conveyance. The fact that such first recorded conveyance is in the form, or contains the terms
of a deed of quitclaim and release shall not affect the question of good faith of such subsequent
purchaser or be of itself notice to the subsequent purchaser of any unrecorded conveyance of the
same real estate or any part thereof.
History: (8226) RL s 3357; 1976 c 181 s 2; 1986 c 444

507.35 WHEN DEED TO TRUSTEE INEFFECTIVE; CURE.
When any instrument, otherwise legal, affecting the title to real estate situate in this state,
granting any interest therein to or evidencing any lien thereon in favor of any person, as trustee,
shall be recorded in the office of the county recorder, or filed in the office of the registrar of titles,
of the county in which such real estate is situate, and the powers of such trustee and the beneficiary
of such trust are not set forth in the instrument expressly or by reference to an instrument so
recorded or filed such designation of such grantee, as trustee, may be disregarded and shall not
be deemed to give notice to any person of the rights of any beneficiary under such trust in the
real estate unless and until an instrument defining or conferring such powers of such trustee and
designating the beneficiary thereunder, with a certificate attached executed by the trustee in
the same manner as deeds are required to be executed by the laws of this state describing such
instrument so granting an interest or evidencing a lien and stating that the same is held subject to
the provisions of such trust, shall be so recorded or filed after such recording or filing of such
instrument granting the interest in or evidencing such lien on the real estate.
History: (8226-1) 1929 c 318 s 1; 1976 c 181 s 2

507.36 INSTRUMENTS RELATING TO TIMBER, MINERALS.
Every instrument heretofore or hereafter executed in the form of a conveyance, mortgage,
lease, or in any other form in any manner affecting standing timber, stone, ores, minerals, or other
similar property in place in or upon the earth, when executed and acknowledged in the manner
provided for the execution and acknowledgment of conveyances, may be recorded in the office of
the county recorder of any county in which such property is situated and such record shall be
notice of the contents thereof and of the rights of all parties thereunder, as well after as before the
severance or separation of such property from the land.
History: (8230) RL s 3359; 1976 c 181 s 2

507.37 RECORD OF CONVEYANCE OF LAND IN UNORGANIZED COUNTY.
The record of every conveyance or other instrument affecting real estate in any unorganized
county heretofore recorded in the county to which such unorganized county was then attached
for judicial purposes, shall have the same force and effect as if recorded in the county where
the real estate is situated.
History: (8231) RL s 3360

507.38 WHEN DEED NOT DEFEATED BY DEFEASANCE.
When a deed purports to be an absolute conveyance but is made or intended to be made
defeasible by force of an instrument of defeasance the original conveyance shall not thereby be
defeated or affected as against any person other than the maker of the defeasance, or the maker's
heirs or devisees, or persons having actual notice thereof, unless the instrument of defeasance is
recorded in the county where the lands lie.
History: (8232) RL s 3361; 1986 c 444

507.39 [Repealed, 1984 c 603 s 29]

507.40 MORTGAGES, HOW DISCHARGED.
A mortgage may be discharged by filing for record a certificate of its satisfaction executed
and acknowledged by the mortgagee, the mortgagee's personal representative, or assignee, as in
the case of a conveyance. The county recorder shall enter the number of such certificate and the
book and page of its record upon the record of the mortgage or on a microfilm card whenever
possible. If a mortgage be recorded in more than one county and discharged of record in one of
them, a certified copy of such discharge may be recorded in another county with the same effect
as the original. If the discharge be by marginal entry, heretofore made, such copy shall include
the record of the mortgage. In all cases the discharge shall be entered in the reception book and
indexes as conveyances are entered.
History: (8234) RL s 3363; 1955 c 328 s 1; 1975 c 148 s 1; 1976 c 181 s 2; 1986 c 444

507.401 TITLE INSURANCE COMPANY; MORTGAGE RELEASE CERTIFICATE.
    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
(b) "Assignment of rents and profits" means an assignment, whether in a separate document
or in a mortgage, of any of the benefits accruing under a recorded or unrecorded lease or tenancy
existing, or subsequently created, on property encumbered by a mortgage, which is given as
additional security for the debt secured by the mortgage.
(c) "Mortgage" means a mortgage or mortgage lien, including any assignment of rents and
profits given as additional security for the debt secured by that lien, on an interest in real property
in this state given to secure a loan in the original principal amount of $1,500,000 or less.
(d) "Mortgagee" means:
(1) the grantee of a mortgage; or
(2) if a mortgage has been assigned of record, the last person to whom the mortgage has
been assigned of record.
(e) "Mortgage servicer" means the last person to whom a mortgagor or the mortgagor's
successor in interest has been instructed by a mortgagee to send payments on a loan secured by a
mortgage. A person transmitting a payoff statement is the mortgage servicer for the mortgage
described in the payoff statement.
(f) "Mortgagor" means the grantor of a mortgage.
(g) "Partial release" means the release of specified parcels of land from a mortgage.
(h) "Payoff statement" means a statement of the amount of:
(1) the unpaid balance of a loan secured by a mortgage, including principal, interest, and
any other charges properly due under or secured by the mortgage, and interest on a per day basis
for the unpaid balance; or
(2) the portion of the unpaid balance of the loan secured by the mortgage required by the
mortgagee or mortgage servicer to be paid as a condition for the issuance of a partial release.
(i) "Record" means to record with the county recorder or file with the registrar of titles.
(j) "Title insurance company" means a corporation or other business entity authorized and
licensed to transact the business of insuring titles to interests in real property in this state under
chapter 68A.
    Subd. 2. Certificate of release. An officer or duly appointed agent of a title insurance
company may, on behalf of a mortgagor or a person who acquired from the mortgagor title to all
or a part of the property described in a mortgage, execute a certificate of release that complies with
the requirements of this section and record the certificate of release in the real property records of
each county in which the mortgage is recorded if a satisfaction or release of the mortgage has not
been executed and recorded after the date payment in full of the loan secured by the mortgage was
sent in accordance with a payoff statement furnished by the mortgagee or the mortgage servicer.
    Subd. 3. Contents. A certificate of release executed under this section must contain
substantially all of the following:
(1) the name of the mortgagor, the name of the original mortgagee, and, if applicable, the
mortgage servicer, the date of the mortgage, the date of recording, and volume and page or
document number in the real property records where the mortgage is recorded, together with
similar information for the last recorded assignment of the mortgage;
(2) if applicable, the date of any assignment of rents and profits, the date of its recording, and
its volume and page or document number in the real property records where it has been recorded
or filed, together with similar information for the last recorded assignment thereof;
(3) a statement that the mortgage was in the original principal amount of $1,500,000 or less;
(4) a statement that the person executing the certificate of release is an officer or a duly
appointed agent of a title insurance company authorized and licensed to transact the business of
insuring titles to interests in real property in this state under chapter 68A;
(5) a statement that the certificate of release is made on behalf of the mortgagor or a person
who acquired title from the mortgagor to all or a part of the property described in the mortgage;
(6) a statement that the mortgagee or mortgage servicer provided a payoff statement which
was used to make full or partial payment of the unpaid balance of the loan secured by the
mortgage;
(7) a statement that full or partial payment of the unpaid balance of the loan secured by the
mortgage was made in accordance with the written or verbal payoff statement; and
(8) where the certificate of release affects only a portion of the land encumbered by the
mortgage, a legal description of the portion being released.
    Subd. 4. Execution. (a) A certificate of release authorized by subdivision 2 must be executed
and acknowledged as required by law in the case of a deed and may be executed by a duly
appointed agent of a title insurance company, but such delegation to an agent by a title insurance
company shall not relieve the title insurance company of any liability for damages caused by its
agent for the wrongful or erroneous execution of a certificate of release.
(b) The appointment of agent must be executed and acknowledged as required by law in
the case of a deed and must state:
(1) the title insurance company as the grantor;
(2) the identity of the person, partnership, or corporation authorized to act as agent to execute
and record certificates of release provided for in this section on behalf of the title insurance
company;
(3) that the agent has the full authority to execute and record certificates of release provided
for in this section on behalf of the title insurance company;
(4) the term of appointment of the agent; and
(5) that the agent has consented to and accepts the terms of the appointment.
(c) A single appointment of agent may be recorded in each county in each recording or filing
office. A separate appointment of agent shall not be necessary for each certificate of release. For
registered land the appointment of agent shall be shown as a memorial on each certificate of title
on which a mortgage to be released by a certificate of release under this section is a memorial.
The appointment of agent may be rerecorded where necessary to establish authority of the agent,
but such authority shall continue until a revocation of appointment is recorded in the office of the
county recorder, or registrar of titles, where the appointment of agent was recorded.
    Subd. 5. Effect. For purposes of releasing the mortgage, a certificate of release containing the
information and statements provided for in subdivision 3 and executed as provided in this section
is prima facie evidence of the facts contained in it, is entitled to be recorded with the county
recorder or registrar of titles, and operates as a release of the mortgage described in the certificate
of release. The county recorder and the registrar of titles shall rely upon it to release the mortgage.
Recording of a wrongful or erroneous certificate of release by a title insurance company or its
agent shall not relieve the mortgagor, or the mortgagor's successors or assigns, from any personal
liability on the loan or other obligations secured by the mortgage. In addition to any other remedy
provided by law, a title insurance company wrongfully or erroneously recording a certificate of
release under this section shall be liable to the mortgagee for actual damage sustained due to the
recordings of the certificate of release.
    Subd. 6. Recording. If a mortgage is recorded in more than one county and a certificate of
release is recorded in one of them, a certified copy of the certificate of release may be recorded
in another county with the same effect as the original. In all cases, the certificate of release
shall be entered and indexed as satisfactions of mortgage and releases of assignments of rents
and profits are entered and indexed.
    Subd. 7. Application. This section applies only to a mortgage in the original principal
amount of $1,500,000 or less.
History: 1994 c 447 s 1,2; 1996 c 338 art 1 s 13; 1997 c 222 s 58,59; 2000 c 450 s 1-4

507.402 DISCHARGE OF MORTGAGE FROM CONTRACT FOR DEED SELLER.
A mortgage that encumbers the seller's interest in a contract for deed ceases to encumber real
property described in a deed given pursuant to the contract if the purchaser has not joined in or
consented to the mortgage in a recorded instrument and the mortgage is recorded subsequent to
the recording of the contract.
History: 2003 c 5 art 2 s 2

507.403 CERTIFICATE OF MORTGAGE SATISFACTION BY ASSIGNEE.
    Subdivision 1. Certificate of satisfaction. A certificate of satisfaction of mortgage that
complies with this section is effective to discharge the mortgage even if one or more assignments
of the mortgage have not been recorded or filed.
    Subd. 2. Contents. A certificate of satisfaction under this section must contain substantially
all of the following:
(1) the name of the assignee, the name of the mortgagor, the name of the original mortgagee,
the date of the mortgage, the date of recording, and the volume and page number or document
number of the mortgage in the real property records where the mortgage is recorded; and
(2) a statement that the assignee is the holder, owner, or successor of the mortgagee's interest
in the mortgage.
    Subd. 3. Execution. A certificate of satisfaction under this section must be executed and
acknowledged as required by law in the case of a deed by a duly authorized officer or duly
appointed agent of the assignee, but shall not relieve any person of any liability for damages
caused by the person's wrongful or erroneous execution of a certificate of satisfaction.
    Subd. 4. Effect. For purposes of satisfying a mortgage under this section, a certificate of
satisfaction that contains the information and statements required by subdivision 2 and which is
executed as provided in this section is prima facie evidence of the facts contained in it, is entitled
to be recorded with the county recorder or registrar of titles, and operates as a satisfaction of the
mortgage described in the certificate. The county recorder and the registrar of titles shall rely upon
it to satisfy the mortgage. Recording of a wrongful, erroneous, or unauthorized certificate shall
not relieve the mortgagor, or the mortgagor's successors or assigns, from any personal liability on
the loan or other obligations secured by the mortgage. In addition to any other remedy provided
by law, a person who wrongfully or erroneously executes a certificate under this section is liable
to the mortgagee or an assignee for actual damage sustained due to the recording of the certificate,
together with reasonable attorney fees, and costs and disbursements incurred by a mortgagee or
assignee in the enforcement of the terms of this subdivision.
    Subd. 5. Recording. If a mortgage is recorded in more than one county and a certificate of
satisfaction is recorded in one of them, a certified copy of the certificate may be recorded in the
other county with the same effect as the original. In every case, the certificate must be entered and
indexed as a satisfaction of the mortgage described in the certificate.
    Subd. 6. Application. This section applies to any mortgage recorded or filed in this state
and any certificate of satisfaction of the mortgage executed, recorded, or filed before, on, or
after August 1, 2004.
History: 2004 c 153 s 1

507.41 PENALTY FOR FAILURE TO DISCHARGE.
When any mortgagee, mortgagee's personal representative or assignee, upon full
performance of the conditions of the mortgage, shall fail to discharge the same within ten days
after being thereto requested and after tender of the mortgagee's reasonable charges therefor, that
mortgagee shall be liable to the mortgagor, the mortgagor's heirs or assigns, for all actual damages
thereby occasioned; and a claim for such damages may be asserted in an action for discharge of
the mortgage. If the defendant be not a resident of the state, such action may be maintained upon
the expiration of 60 days after the conditions of the mortgage have been performed, without such
previous request or tender.
History: (8235) RL s 3364; 1986 c 444

507.411 CORPORATE CHANGE NOTED IN ASSIGNMENT, SATISFACTION, OR
RELEASE.
When a change in the name or identity of a corporate mortgagee or assignee of the
mortgagee is caused by or results from a merger, consolidation, amendment to charter or articles
of incorporation, or conversion of articles of incorporation or charter from federal to state, from
state to federal, or from one form of entity to another, a mortgage assignment, satisfaction, or
release that is otherwise recordable and that specifies in the body of the instrument the merger,
consolidation, amendment, or conversion event causing the change in name or identity is in
recordable form. The assignment, satisfaction, or release is entitled to be recorded in the office
of the county recorder or filed with the registrar of titles, without further evidence of corporate
merger, consolidation, amendment, or conversion. For purposes of assigning, satisfying, or
releasing the mortgage, the assignment, satisfaction, or release is prima facie evidence of the facts
stated in it with respect to the corporate merger, consolidation, amendment, or conversion, and
the county recorder and the registrar of titles shall rely upon it to assign, satisfy, or release the
mortgage.
History: 1991 c 4 s 1; 1991 c 144 s 2; 1993 c 6 s 1; 1995 c 92 s 1

507.412 SATISFACTION OR RELEASE BY FEWER THAN ALL MORTGAGEES.
A real estate mortgage securing an undivided debt owned by more than one mortgagee or
assignee, including joint tenants, may be satisfied or released by an instrument executed by any
one of the mortgagees or assigns unless the mortgage specifically states otherwise. The debt is
presumed to be undivided unless the mortgage specifically states otherwise. This section does
not affect the rights or liabilities of the holders of the debt secured by the mortgage as among
themselves. Unless the mortgage specifically states otherwise, this section does not permit fewer
than all of the holders of a mortgage to assign, amend, extend, or foreclose the mortgage, or to
discharge the secured debt, as distinguished from satisfying or releasing the mortgage.
History: 1992 c 463 s 2

507.413 AUTHORITY OF MORTGAGEE DESIGNATED AS NOMINEE OR AGENT.
(a) An assignment, satisfaction, release, or power of attorney to foreclose is entitled to be
recorded in the office of the county recorder or filed with the registrar of titles and is sufficient to
assign, satisfy, release, or authorize the foreclosure of a mortgage if:
(1) a mortgage is granted to a mortgagee as nominee or agent for a third party identified in
the mortgage, and the third party's successors and assigns;
(2) a subsequent assignment, satisfaction, release of the mortgage, or power of attorney
to foreclose the mortgage, is executed by the mortgagee or the third party, its successors or
assigns; and
(3) the assignment, satisfaction, release, or power of attorney to foreclose is in recordable
form.
The county recorder and registrar of titles shall rely upon this assignment, satisfaction, release, or
power of attorney to foreclose to assign, satisfy, release, or foreclose the mortgage.
(b) This section applies to any mortgage, assignment, satisfaction, release, or power of
attorney to foreclose executed, recorded, or filed before, on, or after August 1, 2004.
History: 2004 c 153 s 2

507.42 CERTAIN DEEDS VALIDATED.
All deeds for the conveyance of real estate made and executed by a personal representative
of the estate of a deceased person, pursuant to the order of any court of this state exercising
probate jurisdiction authorizing and directing the making and execution of such instrument, where
the execution thereof was otherwise valid, and in which instrument the description of the property
conveyed does not correspond with the description set forth in the order of the court authorizing
and directing the making and execution of such instrument, the same are hereby validated and
legalized, and such conveyances are hereby made valid as to the property described in the order of
the court authorizing and directing the making and execution of such instrument.
History: 1975 c 347 s 9; 1995 c 189 s 8; 1996 c 277 s 1

507.421 ESTATES AND TRUSTS; CONVEYANCES, SATISFACTIONS, GRANTS, AND
RELEASES.
    Subdivision 1. Made to estate or trust. A conveyance or grant of an interest in real or
personal property made to the estate of a decedent, to the estate of a ward or conservatee, to
the ward's or conservatee's guardian or conservator, or to a trust, including a trust in the form
of a pension or profit-sharing plan, that names the estate, the guardian, the conservator, or the
trust as the grantee of the interest, is a valid and effective conveyance or grant to the personal
representative, to the ward or conservatee, or to the trustee of the trust, in like manner and effect
as if the personal representative, ward, conservatee, or trustee had been named the grantee of the
conveyance or grant.
    Subd. 2. Made by estate or trust. A satisfaction, release, conveyance, or grant of an interest
in real or personal property that is made by an estate, a guardian, a conservator, or trust described
in subdivision 1, that names the estate, the guardian, the conservator, or trust as the holder or
grantor of the interest, and that is executed by the personal representative, ward, conservatee,
or trustee authorized to execute the instrument, is a valid and effective satisfaction, release,
conveyance, or grant of the interest, in like manner and effect as if the personal representative,
guardian, conservator, or trustee had been named the holder or the grantor in the satisfaction,
release, conveyance, or grant.
History: 1998 c 262 s 8; 1999 c 11 art 4 s 3

507.422 CERTAIN COUNTY CONVEYANCES VALIDATED.
No deed of conveyance of real estate made by a county in this state that has been of record
with the county recorder or registrar of titles for more than five years shall be held invalid or void
for failure to comply with the requirements of section 373.01, subdivision 1, clause (4).
History: 2002 c 403 s 3

507.45 RESIDENTIAL REAL ESTATE CLOSINGS.
    Subdivision 1. By whom; fee authorized. Residential real estate closing services may be
provided and a fee charged by a licensed attorney, real estate broker, real estate salesperson,
and real estate closing agent.
    Subd. 2. Notice of closing agent's fee. No charge for closing services, except a charge
disclosed under Regulation Z, Code of Federal Regulations, title 12, section 226, and except a
charge for which an estimate has been given pursuant to the Federal Real Estate Settlement
Procedures Act, and regulations thereunder, may be made by a closing agent unless the party to be
charged is informed of the charge in writing at least five business days before the closing by or on
behalf of the party charging for the closing services.
    Subd. 3. Requirements for real estate personnel. If the closing services are to be provided
by a real estate broker, real estate salesperson, or real estate closing agent, the following
regulations shall apply.
(a) The written contract for closing services shall state in at least 10-point type that the real
estate broker, real estate salesperson, or real estate closing agent has not and, under applicable
state law, may not express opinions regarding the legal effect of the closing documents or
of the closing itself.
(b) No closing fee may be charged in connection with the transfer of the legal or equitable
ownership of a property if a closing is performed without either a mortgagee's or owner's title
insurance commitment or a legal opinion regarding the status of title.
    Subd. 4. Choice of closer; notice. (a) No real estate salesperson, broker, attorney, auctioneer,
builder, title company, financial institution, or other person making a mortgage loan may require a
person to use any particular licensed attorney, real estate broker, real estate salesperson, or real
estate closing agent in connection with a residential real estate closing.
(b) All listing agreements must include a notice informing sellers of their rights under this
subdivision. The notice must require the seller to indicate in writing whether it is acceptable
to the seller to have the licensee arrange for closing services or whether the seller wishes to
arrange for others to conduct the closing. The notice must also include the disclosure of any
controlled business arrangement, as the term is defined in United States Code, title 12, section
1602, between the licensee and the real estate closing agent through which the licensee proposes
to arrange closing services.
History: 1988 c 695 s 6; 1989 c 217 s 22; 1989 c 347 s 42; 1991 c 113 s 1; 1993 c 309 s
28; 2001 c 208 s 26

507.46 CERTIFICATE OF TRANSLATION OF DOCUMENTS IN FOREIGN
LANGUAGES.
    Subdivision 1. Form of certificate. A county recorder or registrar of titles shall accept for
recording a document that is not written in the English language, but is otherwise in recordable
form, if there is appended to the non-English language document a translation of the document
into the English language and a certificate of translation in substantially the following form:

CERTIFICATE OF TRANSLATION

State of Minnesota
County of

---

I certify that the attached English language document is a complete and accurate translation of the
attached document from the ................ language.

---

Signature of translator

---

Typed or printed name

---

Street

---

City, State, and Zip Code

---

Telephone number

---

Subscribed and sworn to before me this day of
....................., 20.....

---

Notary public
    Subd. 2. Certificate as evidence. Any certificate of translation recorded under subdivision
1, or a certified copy, is admissible as evidence in any action involving the instrument to which
it relates or the title to the real estate affected by the instrument and is prima facie evidence of
the facts stated in it.
History: 2002 c 403 s 4

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.
History: 2001 c 50 s 1