508.04 TITLES WHICH MAY BE REGISTERED.
Subdivision 1. At least fee simple.
No lesser estate than a fee simple, except an appurtenant
easement as defined in subdivision 2, and no mortgage, lien, or other charge upon land, shall be
registered, unless the estate in fee simple therein is registered; but the fact that the estate or interest
of the applicant is subject to any outstanding lesser estate or to a mortgage or other charge or lien
shall not prevent its registration, and when a dock or harbor line has been established by federal
authority, the estate and interest of a riparian proprietor in the submerged lands lying between the
original shore line and such established dock line may be registered under this chapter, subject to
the rights of the state of Minnesota in its sovereign capacity in the same, and such registration
shall not in any manner affect or change the rights of the state with respect to such lands.
Subd. 2. Exception for appurtenant easements.
An appurtenant easement over unregistered
land may be registered when the fee simple estate to which it is appurtenant has been registered
or is registered concurrently with the registration of such easement. The word "land" in this
chapter, except as contained in sections
508.47, subdivisions 2 to 7
, shall include those
appurtenant easements designated in this subdivision and all requirements for the registration of
land shall also apply to the registration of such an appurtenant easement. Such an appurtenant
easement shall remain in full force and effect after registration until the filing on the certificate of
title of an order of the court terminating the easement.
History: (8250) RL s 3373; 1905 c 305 s 4; 1915 c 242 s 1; 1927 c 112 s 1; 1939 c 100 s
2; 1977 c 21 s 2