§ 508.48 — Instruments Affecting Title Filed With Registrar; Notice
Plain-Language Summary
All documents that transfer or affect the title to registered land must be filed with the registrar of titles. Until a document is filed and noted on the certificate of title (called a 'memorial'), it does not affect the title as far as third parties are concerned.
508.48 INSTRUMENTS AFFECTING TITLE FILED WITH REGISTRAR; NOTICE.
(a) Every conveyance, lien, attachment, order, decree, or judgment, or other instrument or proceeding, which would affect the title to unregistered land under existing laws, if recorded, or filed with the county recorder, shall, in like manner, affect the title to registered land if filed and registered with the registrar in the county where the real estate is situated, and shall be notice to all persons from the time of such registering or filing of the interests therein created. Neither the reference in a registered instrument to an unregistered instrument or interest nor the joinder in a registered instrument by a party or parties with no registered interest shall constitute notice, either actual or constructive, of an unregistered interest.
(b) An instrument acknowledged in a representative capacity as defined in section 358.52 on behalf of a corporation, partnership, limited liability company, or trust that is otherwise entitled to be recorded shall be recorded if the acknowledgment made in a representative capacity is substantially in the form prescribed in chapter 358, without further inquiry into the authority of the person making the acknowledgment.
History:
(8294) RL s 3416; 1905 c 305 s 46; 1976 c 181 s 2; 1983 c 92 s 13; 2008 c 341 art 3 s 3; 2018 c 176 art 2 s 10
History: History: (8294) RL s 3416; 1905 c 305 s 46; 1976 c 181 s 2; 1983 c 92 s 13; 2008 c 341 art 3 s 3; 2018 c 176 art 2 s 10