Chapter 508A — Registration; Purpose; Definition

Minnesota Statutes Chapter 508A — Registration; Purpose; Definition

508A.01 Registration; Purpose; Definition This law creates a simpler way to register land ownership in Minnesota called a Certificate of Possessory Title (CPT). … 508A.02 Registered, Unregistered Land Subject to Same Incidents Land registered under a CPT follows most of the same rules as other registered land. However, once a CPT is issued, no … 508A.03 Application Anyone who could register land under the regular Torrens system can also apply for a CPT, as long as they have a … 508A.04 Titles Which May Be Registered A landowner with a possessory estate can apply for a CPT and later convert it to a full certificate of title. The same … 508A.05 Applications; How Signed and Verified The application for a CPT must be signed and verified the same way as a regular Torrens registration application. This … 508A.06 Contents of Application; Claimants' Rights, Privileges The CPT application must include detailed information about the applicant, a description of the land, who else may have … 508A.07 Nonresident Applicant; Agent If a CPT applicant does not live in Minnesota, they must appoint an in-state agent and file that appointment with the … 508A.08 Application; Land Included If one person owns multiple parcels in the same county, they can include all of them in a single CPT application. Owners … 508A.09 Amendment The examiner of titles can allow changes to a CPT application at any time on fair terms. All changes must be in writing … 508A.10 Application to Examiner; Powers of Examiner The CPT application goes to the examiner of titles in the county where the land is located. The examiner has broad … 508A.11 Application Filed With Recorder; Abstract to Examiner; Fee After the examiner approves the CPT application, it must be filed with the county recorder. The applicant must also … 508A.12 Examiner of Titles; Deputies The examiner of titles and any deputy examiners for CPT proceedings are the same people appointed under the regular … 508A.13 Examiner's Reports After a CPT application is filed, the examiner of titles reviews all the title documents and writes a report listing all … 508A.14 County Surveyor When the examiner of titles requests it, the county surveyor must review the legal description of the property or … 508A.17 Limitation on Actions After a CPT is issued, anyone with a prior claim on the property has five years to take legal action. If they do not … 508A.21 Cpt Application Withdrawal; Conversion to Full Registration Before the first CPT is issued, the applicant can withdraw the application by filing a verified statement of withdrawal … 508A.22 Examiner's Directive; Fees When the examiner is satisfied that the applicant qualifies for a CPT, the examiner issues a written directive to the … 508A.24 Registration Runs With Land Once a CPT is issued, the land is permanently registered land. This registration runs with the land and binds the … 508A.25 Rights of Person Holding Cpt A good-faith CPT holder owns the land free from all claims except those noted on the CPT and certain automatic … 508A.27 This section was repealed in 2001. It no longer contains any active law. 508A.29 Appeals Any order from the district court about CPT-registered land can be appealed to the Minnesota Court of Appeals. The … 508A.30 Registrar of Titles The county recorder in each county also serves as the registrar of titles. This means the same office that records … 508A.31 Registrar's Bond Before starting work, the registrar of titles must post a bond to the state. The county board decides the bond amount, … 508A.32 Under Control of Court; Affixing Seal The registrar of titles works under the supervision of the district court, which can create rules for how the office … 508A.321 Appeal From Registrar's Decisions If the registrar refuses to file a document, the person who submitted it can ask the examiner of titles to review the … 508A.33 Deputies The registrar can appoint deputy registrars to act on the registrar behalf. The registrar is responsible for any … 508A.34 Cpts; Entering and Binding The registrar must keep all CPTs in order by number in a special book called the Register of Titles CPT. The process for … 508A.349 Official Signature of Registrar of Titles The registrar of titles or a deputy can use an electronic signature or printed name instead of a handwritten signature … 508A.35 Forms of Cpt This section describes the form and content of a CPT. It must include the owner name, property description, and all … 508A.351 Common Interest Community Certificate This section sets rules for registering condominiums and planned communities under CPTs. Before recording a condominium … 508A.36 Certificates and Copies as Evidence When a CPT is entered by the registrar, it serves as legal proof of ownership. The registered owner holds the land free … 508A.37 Tract Indexes; Reception Books; Forms of Records Any voluntary transfer of CPT-registered land must be registered with the registrar of titles in order to take effect. … 508A.38 Forms of Records Adopted When registered land is transferred, the registrar cancels the old CPT and issues a new one to the new owner. The new … 508A.381 Official Records; Compilation, Maintenance, and Storage of Information This section provides a way for the registrar to add information to a CPT when there is a conflict between what the CPT … 508A.39 Notices After Registration; Service Instruments such as deeds, mortgages, and liens affecting registered land must be filed with the registrar of titles. … 508A.40 Copy of Cpt to Be Furnished to Owner The owner of registered land can transfer it by signing a deed, having it witnessed and acknowledged, and filing it with … 508A.41 If registered land is owned by more than one person, one owner can transfer their share without affecting the other … 508A.42 When registered land is divided into smaller lots, the owner can surrender the old CPT and get new CPTs for each new … 508A.421 Exchange Cpt If registered land is transferred to a trustee of a trust, the CPT can name the trustee and the trust. When the trust … 508A.422 Combined Certificate This section allows the registrar to accept certain documents related to trusts and estate planning for filing on CPTs. … 508A.43 Effective Date of Cpt When two or more parcels of registered land are combined into one, the owner can surrender the separate CPTs and get a … 508A.44 Every transfer of registered land that passes the entire estate automatically carries with it all easements and other … 508A.45 Mortgages, leases, and other liens on registered land must be registered with the registrar of titles. The registrar … 508A.46 Plats of Registered Land When a mortgage or other lien on registered land is paid off and released, the release must be filed with the registrar. … 508A.47 Registered Lands; Transfer, Surveys A registered mortgage can be assigned to a new holder by filing an assignment with the registrar. The registrar notes … 508A.48 Filed Instrument Affecting Title is Notice If a registered mortgage is foreclosed, the foreclosure must follow the same procedures as for unregistered land, but … 508A.49 Interest Less Than Fee; Noticed by Memorial When registered land is sold for unpaid taxes, the tax sale must be noted on the CPT. After the redemption period … 508A.491 Transfer Statement for Contract for Deed This section covers tax-related liens and proceedings on registered land. Tax liens must be filed with the registrar of … 508A.50 Instruments to Have Name and Address When a court orders the transfer of registered land, the registrar must follow the court order. This includes transfers … 508A.51 Voluntary Instrument When registered land passes through a will or inheritance, the personal representative or heir must register the … 508A.52 Conveyance; Cancellation of Old and Issuance of New Cpt This section explains how judgments and court orders affecting registered land are handled. A certified copy of the … 508A.53 Transfer and Payment of Taxes Registered land can be taken by the government through eminent domain just like unregistered land. The condemnation … 508A.54 Mortgage No new liens or encumbrances can be created on registered land except by following the procedures in this chapter or by … 508A.55 Registration of Mortgage; Memorial Entered on Cpt Any person who is wrongfully deprived of registered land or an interest in it can bring a court action to recover. … 508A.56 Assignment and Discharge of Mortgage A person who suffers loss because of an error in the registration system may be able to recover damages. This provides a … 508A.57 Foreclosure; Notice When a CPT owner dies, the CPT is not automatically canceled. The estate must go through the proper legal process to … 508A.58 Registration After Foreclosure; New Cpt This section provides rules for how registered land is handled in bankruptcy proceedings. The bankruptcy trustee must … 508A.59 Registration of Judgment or Final Decree This section allows the examiner of titles to certify certain instruments for registration. Documents certified by the … 508A.60 Leases When a memorial is entered on a CPT, it becomes part of the official record of the property. Memorials are the notes on … 508A.61 Trust, Other Limited Deeds; New Trustee; Corporate Dissolution The registrar must keep a record of all documents filed and all memorials entered on each CPT. These records are public … 508A.62 Trustee's Conveyance The examiner of titles can certify instruments for filing with the registrar. This includes instruments that need to be … 508A.63 Registration of Instruments Creating Liens; Judgments This section addresses how powers of attorney work with registered land. A power of attorney must be filed with the … 508A.64 Attachments; Liens This section explains when and how notices of lis pendens (pending lawsuits) must be filed for registered land. A notice … 508A.65 Plaintiff's Attorney; Name and Address Endorsed; Notice Any fraud or forgery in connection with registered land is a crime. The registration of land under a CPT does not … 508A.66 Officer's Certificate for Registrar to Cancel; Lis Pendens The registrar must keep proper books and records of all CPTs and related documents. These records must be maintained in … 508A.67 Acquiring Title by Action; New Cpt If a CPT is lost or destroyed, the owner can ask the registrar to issue a replacement. The registrar can issue a new CPT … 508A.68 Death of Owner; Issuance of New Cpts This section addresses how registered land is handled when boundaries need to be corrected or land descriptions need to … 508A.69 Jurisdiction of Court Not Impaired The examiner of titles can certify instruments for filing that transfer title between CPTs, such as when combining or … 508A.70 Subsequent Adverse Claim, How Registered; Costs This section covers how registered land is affected by special assessments for local improvements like roads, sewers, or … 508A.71 Alterations; Court, Examiner's Order; New Certificate After the initial CPT is issued, any further legal proceedings affecting the land are handled as proceedings subsequent … 508A.72 Agency; Power to Be Registered This section gives the district court broad power to handle any matter involving registered land after the initial CPT … 508A.73 Eminent Domain; Reversion; Vacation This section provides for the registration of easements and other servitudes on registered land. Easements must be filed … 508A.76 Registrar's Liability Registered land cannot become unregistered. Once land is brought into the Torrens system through a CPT, it stays … 508A.77 Parties Defendant; Judgment; Execution This section makes the CPT registration laws consistent with the regular Torrens registration laws in chapter 508. Where … 508A.78 Liability of Fund This section addresses how the CPT system works with other Minnesota laws. The CPT registration laws do not override … 508A.79 Limitation of Action This section provides rules about how documents must be formatted and presented for filing with the registrar of titles. … 508A.80 Fraudulent Instrument or Entry; Penalty This section establishes penalties for people who knowingly make false statements in connection with CPT registration. … 508A.82 Registrar of Titles' Fees This section lists the fees that must be paid for various CPT registration services. Fees cover initial registration, … 508A.835 This section allows counties to use technology systems for managing CPT records. Counties can adopt electronic systems … 508A.836 Disposal of Certain Affidavits This section authorizes the use of electronic documents and signatures in the CPT registration system. Electronic … 508A.84 Instruments of Encumbrance; Disposal The provisions of the CPT registration law are independent of each other. If one part is found to be unconstitutional or … 508A.85 Changeover From Cpt to Certificate of Title Five years after the first CPT is issued, the registrar cancels the CPT and issues a regular certificate of title. This …