Chapter 508 — Torrens Act

508.01 Registration Minnesota allows real estate to be registered under the Torrens system, which creates a government-guaranteed … 508.02 Registered Land; Same Incidents as Unregistered; No Adverse Possession Registered (Torrens) land has the same legal rights and obligations as regular unregistered land, except that no one can … 508.03 Application Any person who claims to own land in fee simple (full ownership) can apply to have their title registered under the … 508.04 Titles Which May Be Registered Both absolute and defeasible fee simple titles can be registered, as well as titles held by trustees, personal … 508.05 Application, How Signed and Verified The application for registration must be signed and verified (sworn to) by the applicant or their authorized agent. 508.06 Contents of Application; Rights and Privileges of Claimants The registration application must include detailed information about the property, the applicant's ownership, any liens … 508.07 Nonresident Applicant; Agent If the applicant does not live in Minnesota, they must designate an in-state agent who can accept legal papers on their … 508.08 Application, Land Included A single application can include multiple parcels of land, but all parcels must be in the same county. 508.09 Amendment The court can allow the applicant to amend the registration application at any time before the final decree, to correct … 508.10 Application to District Court; Powers of Court The registration application is filed with the district court, which has full authority to decide all questions about … 508.11 Court Administrator; Filing, Recording; Certifying; Effect The court administrator handles the filing, recording, and certifying of documents in Torrens registration cases. The … 508.12 Examiners of Titles The court appoints examiners of titles who are licensed attorneys to review the title and report their findings to the … 508.13 References to Examiners; Powers; Reports Cases can be referred to title examiners who have the power to take testimony, examine witnesses, and make a full report … 508.14 Survey in Certain Counties In counties that require it, the court may order a survey of the land before registration to establish precise … 508.15 Order for Summons; Parties Defendant After the application is filed, the court orders a summons to be served on all parties who may have a claim to the … 508.16 Form of Summons; Service on Various Parties; Publication This section provides the form of the summons and explains how it must be served on different types of parties, … 508.17 Answer Anyone who wants to challenge the registration application must file an answer with the court within the time allowed, … 508.18 Guardian Ad Litem; When Appointed The court must appoint a guardian ad litem (a person to protect the interests of) any minor, incapacitated person, or … 508.19 Decree on Default If no one files an answer challenging the application, the court can enter a default decree of registration based on the … 508.20 Trial; Reference If someone does contest the application, the case goes to trial. The court can also refer disputed issues to the title … 508.21 Dismissal The court can dismiss a registration application if the applicant fails to prosecute it, or if the evidence does not … 508.22 Decree of Registration; Effect The decree of registration is final and conclusive upon all persons, including the state. It establishes the title to … 508.23 Contents of Decree; Copy Filed The decree must describe the property, name the owner, state the type of estate, list all encumbrances and liens, and … 508.24 Registration Runs With Land; Withdrawal Once land is registered under the Torrens system, it stays registered. An owner can withdraw land from registration only … 508.25 Rights of Person Holding Certificate of Title The person whose name appears on the certificate of title is the legal owner of the property, with all the rights stated … 508.26 Opening Decree A person who was not properly served with notice in the registration proceeding may petition to reopen the decree within … 508.27 Title Acquired Pending Proceeding Anyone who acquires an interest in the property during the registration proceeding (after the application is filed) is … 508.28 Limitation of Actions After one year from the date of the registration decree, no one can challenge it except by showing actual fraud, and … 508.29 Appeals Any party who is unhappy with the court's decision in a Torrens registration case can appeal to the Court of Appeals or … 508.30 Registrar of Titles Each county with registered land has a registrar of titles who maintains the certificates of title and handles all … 508.31 Registrar's Bond The registrar of titles must post a bond to guarantee faithful performance of their duties. 508.32 Under Control of Court; Affixing Seal The registrar of titles operates under the direction of the district court and uses an official seal on all certificates … 508.321 Appeal From Registrar's Decisions If the registrar of titles makes a decision you disagree with, you can appeal that decision to the district court. 508.33 Deputies The registrar of titles can appoint deputy registrars to help carry out the office's duties. 508.34 Register of Titles The registrar maintains a 'register of titles' which is the official book (or electronic system) containing all … 508.349 Official Signature of Registrar of Titles The registrar of titles can authorize a facsimile (stamped or printed) signature on official documents instead of … 508.35 Form of Certificate This section describes the form and content of a certificate of title, which must identify the owner, describe the … 508.351 Common Interest Community Certificate When registered land is part of a common interest community (like a condominium), the registrar issues a special 'common … 508.36 Certificates and Copies as Evidence Certificates of title and certified copies from the registrar's office are admissible as evidence in court and are … 508.37 Tract Indexes, Reception Indexes The registrar must maintain tract indexes (organized by property) and reception indexes (organized by filing date) to … 508.38 Forms of Records Adopted The registrar of titles uses forms adopted and approved for the Torrens system. These standardized forms help ensure … 508.381 Official Records; Compilation, Maintenance, and Storage of Information The registrar may maintain official records in electronic format and use digital imaging, microfilm, or other technology … 508.39 Notices After Registration; Service After registration, certain notices and legal proceedings that affect the title must be served on the registered owner … 508.40 Copy of Certificate of Title to Be Furnished to Owner When a new certificate of title is issued, the registrar must provide a copy to the property owner. This copy is the … 508.405 This section has been repealed or relocated. 508.41 This section has been repealed or relocated. 508.42 This section has been repealed or relocated. 508.421 Exchange Certificate When registered land is exchanged or combined, the registrar issues exchange certificates to reflect the new ownership … 508.43 Certificate, Effective Date A new certificate of title takes effect from the date it is entered in the register by the registrar, not from the date … 508.44 This section has been repealed or relocated. 508.45 This section has been repealed or relocated. 508.46 Plats of Registered Land When registered land is platted (divided into lots), the registrar cancels the old certificate and issues new … 508.47 Registered Lands; Transfer, Surveys When registered land is transferred or subdivided, any required surveys must meet the standards set by the county … 508.48 Instruments Affecting Title Filed With Registrar; Notice All documents that transfer or affect the title to registered land must be filed with the registrar of titles. Until a … 508.49 Interest Less Than Fee; Noticed by Memorial Interests that are less than full ownership (like a lease or easement) are noted on the certificate of title by a … 508.491 Transfer Statement for Contract for Deed When registered land is sold on a contract for deed, a transfer statement must be filed with the registrar of titles so … 508.50 Instruments to Have Name and Address All documents filed with the registrar must include the name and address of the person who prepared the document. 508.51 Voluntary Instrument To be valid for registration, a document transferring or creating an interest in registered land must be signed and … 508.52 Conveyance; Cancellation of Old and Issuance of New Certificate When registered land is conveyed (sold or transferred), the registrar cancels the old certificate of title and issues a … 508.53 Transfer and Payment of Taxes Before a new certificate of title can be issued for a transfer, all property taxes due must be paid or accounted for. 508.54 Mortgage Mortgages on registered land must be filed with the registrar and noted on the certificate of title. The mortgage … 508.55 Registration of Mortgage; Memorial Entered on Certificate of Title When a mortgage on registered land is filed, the registrar enters a memorial on the certificate of title noting the … 508.555 Mortgage Securing Revolving Line of Credit; Notice A mortgage on registered land that secures a revolving line of credit (like a home equity line) must include a notice to … 508.56 Assignment and Discharge of Mortgage Assignments and discharges of mortgages on registered land must be filed with the registrar. The registrar notes the … 508.57 Foreclosure; Notice When a mortgage on registered land is foreclosed, the notice of sale must be filed with the registrar. The registrar … 508.58 Registration After Foreclosure; New Certificate After a mortgage foreclosure is completed and the redemption period expires, the registrar cancels the old certificate … 508.59 Registration of Judgment or Final Decree A judgment or final decree from a court case that affects registered land can be registered by filing a certified copy … 508.60 Leases Leases of registered land for terms over three years must be filed with the registrar and noted on the certificate of … 508.61 Trust, Other Limited Deeds; New Trustee; Corporate Dissolution Trust deeds and other limited conveyances of registered land can be filed with the registrar. When a new trustee is … 508.62 Trustee's Conveyance When a trustee conveys registered land, the registrar cancels the old certificate and issues a new one to the buyer, … 508.63 Registration of Instruments Creating Liens; Judgments Instruments that create liens on registered land (including tax liens and judgment liens) must be filed with the … 508.64 Attachments; Liens Attachments and liens against registered land must be filed with the registrar. The attachment or lien takes effect from … 508.65 Plaintiff's Attorney; Name and Address Endorsed; Notice When a lawsuit affecting registered land is filed, the plaintiff's attorney must endorse their name and address on the … 508.66 Officer's Certificate for Registrar to Cancel; Lis Pendens A lis pendens (notice of pending lawsuit) that affects registered land must be filed with the registrar. After the case … 508.67 Acquiring Title by Action; New Certificate When someone acquires title to registered land through a court action (like a quiet title action), the registrar cancels … 508.671 Determination of Boundaries The district court can determine the exact boundaries of registered land when there is a dispute between neighbors, and … 508.68 Death of Owner; Issuance of New Certificates When the registered owner of land dies, new certificates of title are issued to the heirs or devisees after the probate … 508.69 Jurisdiction of Court Not Impaired The Torrens registration system does not limit the district court's general jurisdiction over real property. The court … 508.70 How to Claim an Unregistered Interest After Registration If you have an unregistered interest in Torrens property (one that is not noted on the certificate of title), you must … 508.71 Alterations; Court, Examiner's Order; New Certificates The court or an examiner of titles can order corrections to a certificate of title when errors are found, and the … 508.72 Agency; Power to Be Registered An agent or attorney-in-fact can act on behalf of a registered property owner, but the power of attorney must be filed … 508.73 Eminent Domain; Reversion; Vacation; New Certificate When registered land is taken by eminent domain, reverts to its original owner, or a road or easement is vacated, the … 508.74 This section has been repealed or relocated. 508.75 Investment Money from the Torrens assurance fund can be invested by the county in the same manner as other county funds. 508.76 Registrar's Liability The registrar of titles is personally liable for damages caused by errors or negligence in performing their duties, and … 508.77 Parties Defendant; Judgment; Execution If you suffer a loss due to a registrar's error or fraud, you can sue the registrar and the county. The judgment is … 508.78 Liability of Fund The county's Torrens assurance fund is available to compensate people who suffer losses due to registration errors, … 508.79 Limitation of Action Claims against the Torrens assurance fund must be brought within six years of when the person first knew or should have … 508.80 Fraudulent Instrument or Entry; Penalty Anyone who knowingly presents a fraudulent document for registration or makes a false entry in the Torrens register … 508.81 Court Administrator's Fees; Publication and Service Costs The court administrator's fees for Torrens registration proceedings are set by this section, along with who pays for … 508.82 Registrar of Titles' Fees The registrar of titles charges fees for issuing certificates, filing documents, and performing other services under the … 508.83 This section has been repealed or relocated. 508.835 This section has been repealed or relocated. 508.836 Disposal of Certain Affidavits The registrar may dispose of certain old affidavits filed with the registrar's office after they have been on file for a … 508.84 Instruments of Encumbrance; Disposal The registrar may dispose of certain old mortgage and lien documents after the obligations they secured have been …