1997 Minnesota Statutes

     508A.71 Alterations; court, examiner's order; new 
  certificate. 

    Subdivision 1.    Erasures; alterations.  No erasure, 
 alteration, or amendment shall be made upon the register of 
 titles after the entry of a CPT or of any memorial on it, and 
 the attestation of the same by the registrar, except by order of 
 the court or except as otherwise provided in this chapter.  

    Subd. 2.    Court orders.  A registered owner or other 
 person in interest may, at any time, apply by petition to the 
 court, upon the ground that registered interests of any 
 description, whether vested, contingent, expectant, or inchoate, 
 have terminated and ceased; or that new interests have arisen or 
 been created which do not appear upon the CPT; or that any error 
 or omission was made in entering a CPT or any memorial on it, or 
 on any duplicate CPT; or that the name of any person on the CPT 
 has been changed; or that the registered owner has married, or 
 if registered as married, that the marriage has been terminated; 
 or that a corporation which owned land registered under sections 
 508A.01 to 508A.85 and has been dissolved has not conveyed it 
 within three years after its dissolution; or 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 pursuant to chapter 508 
 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 CPT, the entry, amendment, or 
 cancellation of a memorial upon a CPT, or grant any other relief 
 upon terms, requiring security if necessary, as it may consider 
 proper.  A certified copy of the petition may be filed as a 
 memorial on any appropriate CPT 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.    Cancellation of memorial.  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 shall register 
 the directives of the examiner of titles upon the CPTs, and 
 shall give full faith to the directives.  

    Subd. 4.    Powers of registrar.  Without order of court 
 or directive of the examiner the registrar of titles may receive 
 and register as memorials upon any CPT 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 CPT, a certified copy of a marriage 
 certificate showing the subsequent marriage of any party shown 
 by a CPT 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 to be married, a certified copy of the death 
 certificate of party listed in any CPT 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 
 CPTs the registrar shall give full faith to these memorials.  

    Subd. 5.    Joint tenants; survival.  In case of a CPT 
 outstanding to two or more owners as joint tenants, upon the 
 filing for registration of a certificate of death of one of the 
 joint tenants and an affidavit of survivorship, and upon the 
 surrender of the owner's duplicate CPT, the registrar without an 
 order or directive shall issue a new CPT for the premises to the 
 survivor in severalty or to the survivors in joint tenancy as 
 the case may be. 

    Subd. 6.    Certified copies of instruments; filing.  
 When instruments affecting land registered under sections 
 508A.01 to 508A.85 have been recorded in the office of any 
 county recorder in this state, a certified copy of it may be 
 filed for registration and registered with like effect as the 
 original instrument without an order or directive.  The owner's 
 duplicate CPT shall be presented to the registrar, together with 
 the certified copy, whenever the presentation is required by 
 statute for registration of the original instrument. 

    HIST: 1982 c 396 s 64; 1983 c 92 s 36; 1985 c 16 s 10; 1986 c 
 444; 1992 c 463 s 23; 1994 c 388 art 3 s 26; 1996 c 338 art 1 s 
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