2005 Minnesota Statutes

     508A.76 Registrar's liability. 

    Subdivision 1.    Damages through erroneous registration. 
  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 sections 508A.01 to 508A.85, and any 
 person who, without negligence on that person's part, is 
 wrongfully deprived of any land or of any interest in it by the 
 registration of it, or by reason of the registration of any 
 other person, as the owner of the land, or by reason of any 
 mistake, omission, or misdescription in any CPT, or in any entry 
 or memorial, or by any cancellation, in the register of titles, 
 and who, by the provisions of sections 508A.01 to 508A.85, is 
 precluded from bringing an action for the recovery of the land, 
 or of any interest in it, 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 the 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 requesting 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 CPT. 

    HIST: 1982 c 396 s 67; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 
 1Sp1989 c 1 art 11 s 10; 1999 c 11 art 1 s 67