2007 Minnesota Statutes

508.71 ALTERATIONS; COURT, EXAMINER'S ORDER; NEW CERTIFICATES.
    Subdivision 1. Alterations. No erasure, alteration, or amendment shall be made upon the
register of titles after the entry of a certificate of title or of any memorial on it, and the attestation
of the same by the registrar, except by order of the court or as otherwise provided in this chapter.
    Subd. 1a. Corrections of registrar's clerical errors. The registrar may correct clerical
errors or omissions made by the registrar's staff in producing certificates of title. An error shall not
be erased or obliterated. The registrar may sign and file a correction document and memorialize
it upon the affected certificate of title, or may make a correction memorial without a correction
document. The memorial shall show the date, time of entry, the nature of the error or omission,
and the correct information. If the error or omission may adversely affect the interest of a party,
the registrar shall refer the correction to the examiner of titles. The registrar shall prepare
subsequent certificates correctly and omit the memorial of the correction.
    Subd. 2. Court order. A registered owner or other person in interest may, at any time, apply
by petition to the court, upon the ground that (1) registered interests of any description, whether
vested, contingent, expectant, or inchoate, have terminated and ceased; (2) new interests have
arisen or been created which do not appear upon the certificate of title; (3) any error or omission
was made in entering a certificate of title or any memorial thereon; (4) the name of any person on
the certificate of title has been changed; (5) the registered owner has married, or, if registered as
married, that the marriage has been terminated; (6) a corporation which owned registered land
and has been dissolved has not conveyed it within three years after its dissolution; or (7) upon
any reasonable ground, that any other alteration or adjudication should be made. The court may
hear and determine the petition after notice given to all parties in interest, as determined by
the examiner of titles, by a summons issued in the form and served in the manner as in initial
applications or by an order to show cause, as the court may deem appropriate. After notice has
been given as ordered, the court may order the entry of a new certificate of title, the entry,
amendment, or cancellation of a memorial upon a certificate of title, or grant any other relief upon
the terms, requiring security if necessary, as it may consider proper. The provisions of this section
shall not give the court authority to open the original decree of registration, and nothing shall
be done or ordered by the court which shall impair the title or other interest of a purchaser who
holds a certificate of title for value and in good faith, or of the purchaser's heirs or assigns without
written consent of the purchaser or heirs or assigns. A certified copy of the petition may be filed
as a memorial on any appropriate certificate of title which shall be notice forever to purchasers
and encumbrancers of the pendency of the proceeding and all matters referred to in the court
files and records pertaining to the proceeding.
    Subd. 3. Directive by examiner. At the request of a registered owner or other person in
interest, the examiner of titles by a written directive may order (1) the amendment or cancellation
of a memorial relating to racial restrictions, rights which are barred by a statute or rights which
have expired by the terms of the instrument creating the rights, or (2) upon the submission of
evidence satisfactory to the examiner, the correction of the name or designation of a party who is
a registered owner or who has an interest registered on a certificate of title. The registrar of titles
may register the directives of the examiner of titles upon the certificates of title, and shall give
full faith to the directives.
    Subd. 4. Registration of memorials. Without order of court or directive of the examiner, the
registrar of titles may receive and register as memorials upon any certificate of title to which they
pertain, the following instruments: receipt or certificate of county treasurer showing redemption
from any tax sale or payment of any tax described in a certificate of title, a state deed issued to
purchaser of tax-forfeited land, a certified copy of a marriage certificate showing the subsequent
marriage of any party shown by a certificate of title to be unmarried, a certified copy of a final
decree of divorce or dissolution of a marriage entered in the state of Minnesota, or in any state,
territory or possession of the United States, or the District of Columbia to establish the dissolution
of a marriage relationship of any party shown on the certificate of title to be married, and a
certified copy of the death record of party listed in any certificate of title as being the spouse of
the registered owner when accompanied by an affidavit satisfactory to the registrar identifying
the decedent with the spouse. In all subsequent dealings with the land covered by the certificates
of title, the registrar shall give full faith to these memorials.
    Subd. 5. Survivorship. In case of a certificate of title outstanding to two or more owners
as joint tenants, upon the filing for registration of a record of death of one of the joint tenants
and an affidavit of survivorship, the registrar without the order or directive shall issue a new
certificate of title for the premises to the survivor in severalty or to the survivors in joint tenancy
as the case may be.
    Subd. 6. Recorded instruments. When instruments affecting registered land have been
recorded in the office of any county recorder in this state, a certified copy thereof may be filed for
registration and registered with like effect as the original instrument without the order or directive.
    Subd. 7.[Repealed, 2001 c 50 s 37]
History: (8317) RL s 3439; 1905 c 305 s 69; 1933 c 160 s 1; 1967 c 850 s 3; 1969 c 228 s
1; 1973 c 14 s 5; 1973 c 582 s 3; 1976 c 181 s 2; 1983 c 92 s 21; 1985 c 16 s 5; 1985 c 300 s
28; 1986 c 444; 1992 c 463 s 11; 1993 c 222 art 5 s 3; 1994 c 388 art 3 s 25; art 4 s 14; 1996 c
338 art 1 s 4; 1999 c 11 art 1 s 34-38; 1Sp2001 c 9 art 15 s 32