2006 Minnesota Statutes

CHAPTER 557. ACTIONS RELATING TO REAL PROPERTY

557.01 NONRESIDENT, AGENT TO ACCEPT SERVICE.
Any nonresident person or corporation owning or claiming any interest or lien in or upon
lands in the state may file with the secretary of state a writing, executed and acknowledged in the
manner of a conveyance, appointing a resident agent, whose place of residence shall be stated,
to accept service of process or summons in any action or proceeding in the courts of the state
concerning such interest or lien, except actions or proceedings for the collection of taxes, and
consenting that service of such process or summons upon such agent shall be binding upon
the person executing the same. Such writing shall be recorded by the secretary. No service by
publication of summons shall be made upon any such nonresident who has complied with the
provisions hereof, but in all such cases service of such process or summons, or of any writ or
notice in the action or proceedings, shall be made upon such agent in the manner provided by law
for such service upon residents of the state, and have the same effect as personal service within
the state upon such owner or claimant; but, if such party appears by attorneys therein, the service
of papers shall thereafter be upon such attorney. The authority of such agent may be revoked by
writing similarly executed and acknowledged and recorded, but no revocation shall affect any
action or proceeding then pending. For filing and recording such papers the secretary shall be
entitled to 15 cents for each folio.
History: (9520) RL s 4387

557.02 NOTICE OF LIS PENDENS.
In all actions in which the title to, or any interest in or lien upon, real property is involved
or affected, or is brought in question by either party, any party thereto, at the time of filing the
complaint, or at any time thereafter during the pendency of such action, may file for record with
the county recorder of each county in which any part of the premises lies a notice of the pendency
of the action, containing the names of the parties, the object of the action, and a description of
the real property in such county involved, affected or brought in question thereby. From the
time of the filing of such notice, and from such time only, the pendency of the action shall be
notice to purchasers and encumbrancers of the rights and equities of the party filing the same to
the premises. When any pleading is amended in such action, so as to alter the description of, or
to extend the claim against, the premises affected, a new notice may be filed, with like effect.
Such notice shall be recorded in the same book and in the same manner in which mortgages are
recorded, and may be discharged by an entry to that effect in the margin of the record by the party
filing the same, or the party's attorney, in the presence of the recorder, or by writing executed and
acknowledged in the manner of conveyance, whereupon the recorder shall enter a minute thereof
on the margin of such record. The filing of such lis pendens at the time of filing the complaint and
before the commencement of the action shall have no force, effect, or validity against the premises
described in the lis pendens, unless the filing of the complaint is followed by the service of the
summons in the action within 90 days after the filing of the complaint therein. Any party claiming
any title or interest in or to the real property involved or affected may on such notice as the court
shall in each case prescribe, make application to the district court in the county in which the action
is pending or in which the real property involved or affected is situated, for an order discharging
the lis pendens of record, when any such action has not been brought on for trial within two years
after the filing of the lis pendens and in case the court orders the lis pendens discharged of record
upon the filing of a certified copy of the order of the court in the office of the county recorder,
where the real property is situated, the lis pendens shall be void and of no force nor effect.
History: (9521) RL s 4389; 1907 c 332 s 1; 1919 c 527 s 1; 1976 c 181 s 2; 1986 c 444

557.021 LIS PENDENS; NOTICE; LIMIT, TEN YEARS.
On and after January 1, 1948, no lis pendens now of record or hereafter filed shall be notice,
either actual or constructive, of the pendency of any action or of any of the matters referred to
in the court files and records pertaining to the action noticed by such lis pendens, after such lis
pendens has been of record for ten years unless a new notice of lis pendens in the same action is
filed within said ten years.
History: 1947 c 326 s 1

557.022 [Repealed, 1996 c 310 s 1]

557.023 APPLICATION.
Nothing in sections 557.021 to 557.023 shall increase the effect or lengthen the term for
which a lis pendens is notice under any existing law, nor create a right to renew the operation of a
lis pendens already barred by some other law.
History: 1947 c 326 s 3

557.03 NOTICE OF NO PERSONAL CLAIM.
When in any such action there are defendants against whom no personal claim is made, the
plaintiff may serve upon them, at the time of the service of the summons, a notice subscribed
by the plaintiff or the plaintiff's attorney, and setting forth the general object of the action,
a description of the property affected by it, and that no personal claim is made against such
defendants. If any defendant on whom such notice is served unreasonably defends the action, that
defendant shall pay full costs to the plaintiff.
History: (9522) RL s 4390; 1986 c 444

557.04 [Repealed, 1974 c 394 s 12]

557.05 REVERSIONER MAY SUE.
A person seized of an estate in remainder or reversion may maintain a civil action for any
injury done to the inheritance, notwithstanding an intervening estate for life or years.
History: (9578) RL s 4444

557.06 ACTION AGAINST COTENANT.
One joint tenant or tenant in common, and the tenant's executors or administrators, may
maintain an action against a cotenant for receiving more than the just proportion of the rents and
profits of the estate owned by them as joint tenants or tenants in common.
History: (9579) RL s 4445; 1986 c 444

557.07 SETTLER; ACTION FOR POSSESSION.
Any person who has settled on not more than 160 acres, consisting of not more than two
distinct tracts, of the lands belonging to the United States, on which settlement is not prohibited
by the general government, may maintain an action for injuries done thereto, or to recover the
possession thereof, provided the settler has made improvements thereon of the value of $50
and has actually occupied or cultivated the same. A neglect to occupy or cultivate such land,
continued for six months, shall be deemed an abandonment, and preclude such person from
maintaining such action.
History: (9589) RL s 4453; 1986 c 444

557.08 FORCIBLE EVICTION; TREBLE DAMAGES.
If a person who is put out of real property in a forcible manner without lawful authority, or
who, being so put out, is afterwards kept out by force, shall recover damages therefor, judgment
may be entered for three times the amount at which the actual damages are assessed.
History: (9587) RL s 4451

557.09 EVICTION; TREBLE DAMAGES.
In case of eviction, if a person, claiming in good faith, under color of title, to be rightfully in
possession, so put out or kept out, shall recover damages therefor, judgment may be entered in
that person's favor for three times the amount at which the actual damages are assessed.
History: (9588) RL s 4452; 1986 c 444; 2003 c 2 art 2 s 17

557.10 OWNERSHIP OF CROPS.
Planted and growing crops are personal property of the person or entity that has the property
right to plant the crops.
History: 1986 c 398 art 12 s 2

557.11 [Repealed, 2002 c 379 art 1 s 114]

557.12 [Repealed, 2001 c 57 s 7]