2004 Minnesota Statutes

     508.76 Registrar's liability. 

    Subdivision 1.    Compensation for loss or damage.  Any 
 person who, without negligence on that person's part, sustains 
 any loss or damage by reason of any omission, mistake or 
 misfeasance of the registrar or the registrar's deputy, or of 
 any examiner or of any court administrator, or of a deputy of 
 the court administrator or examiner, in the performance of their 
 respective duties under this law, and any person who, without 
 negligence on that person's part, is wrongfully deprived of any 
 land or of any interest therein by the registration thereof, or 
 by reason of the registration of any other person, as the owner 
 of such land, or by reason of any mistake, omission, or 
 misdescription in any certificate of title, or in any entry or 
 memorial, or by any cancellation, in the register of titles, and 
 who, by the provisions of this law, is precluded from bringing 
 an action for the recovery of such land, or of any interest 
 therein, or from enforcing any claim or lien upon the same, may 
 institute an action in the district court to recover 
 compensation out of the general fund for such loss or damage.  

    Subd. 2.    Documents misfiled.  The registrar may 
 reasonably rely on the affirmative representation of the party 
 presenting instruments for filing as to whether the land 
 described in the instruments or any part of it is registered or 
 unregistered.  A party who requests that misfiled instruments be 
 refiled with the registrar is responsible for paying any 
 additional fees required to properly file any instrument 
 misfiled because of an incorrect representation and, if 
 applicable, to enter a new certificate of title. 

    HIST: (8322) RL s 3444; 1905 c 305 s 74; 1986 c 444; 1Sp1986 c 
 3 art 1 s 82; 1Sp1989 c 1 art 11 s 5; 1999 c 11 art 1 s 39