2025 Session Last amended: 2005 session

§ 394.35 — Recording With County Recorder

Plain-Language Summary

This section requires the county auditor to record a certified copy of any adopted zoning ordinance, official control, or related map with the county recorder. Importantly, these recorded documents are not considered encumbrances on real property.

394.35 RECORDING WITH COUNTY RECORDER.

Upon the adoption of any ordinance or other official control including any maps or charts supplemented to or as part thereof, the county auditor shall record a certified copy thereof with the county recorder. Ordinances, resolutions, maps or regulations recorded with the county recorder or registrar of titles pursuant to sections 394.21 to 394.37 do not constitute encumbrances on real property.

History:

1959 c 559 s 15; 1974 c 571 s 40; 1976 c 181 s 2; 2005 c 4 s 100

History: History: 1959 c 559 s 15; 1974 c 571 s 40; 1976 c 181 s 2; 2005 c 4 s 100

Practical Notes

The fact that zoning ordinances are not encumbrances means they do not create a cloud on the title to your property, even though they regulate how you can use it. This distinction matters for real estate transactions and title searches.

Source: Minnesota Office of the Revisor of Statutes