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ABSTRACTING Board of abstractors. (214.01) Bond or insurance needed before an abstractor license is issued. (386.66) County Recorder, defines rights of county recorder as set forth in. (386.61) Definition of licensed abstractor. (386.37 & 386.74) Employment of abstractor by county recorder. (386.73) Fees. (357.18) License to abstract or issue certificate showing ownership of liens. (386.62) Public access to records. (386.71) Public building, county board may authorize bonded abstractor to use public building for abstracting. Fee set by statute. (386.18) Record, abstract records, provides for employment and compensation for transcription. (386.29) Seal and signatures of person signing abstracts to be filed with executive secretary. (386.67) ABSTRACTS Abstract as valid evidence of the existence or non-existence of records. (386.72) Abstract of title, continuation and partial abstracts. (386.37) Abstracts of title received in evidence. (600.19) Abstract of title, storage and transfer. (386.375) ACKNOWLEDGMENTS Acknowledgments prior to execution date immaterial. (507.251 & Title Standard 43) Association (Savings) instruments, who may acknowledge. (51A.52) Certificate. (358.47) (358.42)

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Page 1: c.ymcdn.comc.ymcdn.com/.../Files/STATUTE_BOOK_REVISED_-_Fin…  · Web viewABSTRACTING. Board of abstractors. (214.01) Bond or insurance needed before an abstractor license is issued

ABSTRACTING

Board of abstractors. (214.01)

Bond or insurance needed before an abstractor license is issued. (386.66)

County Recorder, defines rights of county recorder as set forth in. (386.61)

Definition of licensed abstractor. (386.37 & 386.74)

Employment of abstractor by county recorder. (386.73)

Fees. (357.18)

License to abstract or issue certificate showing ownership of liens. (386.62)

Public access to records. (386.71)

Public building, county board may authorize bonded abstractor to use public building for abstracting. Fee set by statute. (386.18)

Record, abstract records, provides for employment and compensation for transcription. (386.29)

Seal and signatures of person signing abstracts to be filed with executive secretary. (386.67)

ABSTRACTS

Abstract as valid evidence of the existence or non-existence of records. (386.72)

Abstract of title, continuation and partial abstracts. (386.37)

Abstracts of title received in evidence. (600.19)

Abstract of title, storage and transfer. (386.375)

ACKNOWLEDGMENTS

Acknowledgments prior to execution date immaterial. (507.251 & Title Standard 43)

Association (Savings) instruments, who may acknowledge. (51A.52)

Certificate. (358.47) (358.42)

Certificate of translation shall be required. (507.46)

Certification, signature of official of the USA . (272.482)

Corporation. (358.25)

Corporation partnership effect. (358.50)

County recorder may take and certify acknowledgments. (358.15)1

Definition. (358.41)

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Federal authority. (358.45)

Foreign authority. (358.46)

Foreign language shall require certificate of translation. (507.46)

Form – Short form of acknowledgments. (358.48)

Instruments acknowledged. (600.14)

Married person shall be described as spouse of the other. (358.14)

Notarial acts in this state. (358.43)

Officers that have power to take and certify acknowledgments:Within the state of Minnesota. (358.15)Out of the state of Minnesota. (358.44)

Secretary of state, authorization. (5.07)

ACTIONS NOT MAINTAINABLE (519.101)

ADVERSE CLAIM (541.02)

ADOPTION- See Vital Statistics

AERONAUTICSZoning regulations order, joint airport zoning board. (360.063 Subd. 7)

Zoning regulations, adoptions of municipal or county zoning board. (360.064 Subd. 2)

AFFIDAVITS

As evidence, identification. (507.29)

Affidavits of publication. (600.10)

Affidavits of Postponement – mortgage foreclosure. (580.07)

Affidavit of Survivorship. (600.21)

Affidavit of Unrecorded Mortgage – Notice (507.332)

AGRICULTUREAL ASSOCIATIONS

Annual reports, filing. (38.04)

2

AGRICULTURAL

Aliens & non-American Corporations may NOT buy agricultural land. (500.221)

AGRICULTURAL PRESERVE ACT (METROPOLITAN)

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Application, covenant and agreement, abstract and Torrens. (473H.05)

Definitions. (473H.02)

Notice of date of expiration. (473H.08)

Notification. (473H.06)

AGRICULTURAL PRODUCERS LIEN

Creates lien under 336.9. (514.945)

ANIMALS

Stray animals, notice of. (346.02)

Unclaimed animals, summary sale. (514.93)

ANTENUPTIAL CONTRACT

Filing requirements. (519.11)

APPEALS

Salaries, fees, budget. (386.015)

ARMORIES

Mortgage, recording of, no payment of mortgage registry tax. (193.147)

ARTICLES OF INCORPORATION (302a)

ASSIGNMENTS

Powers of Court (577.10)

Real Estate, recoding provisions (577.02)

ATTORNEYS LIEN

Liens for attorneys fees recorded. (481.13)

3

BANKS

See CORPORATIONS (FINANCIAL)

BANKRUPTCY DOCUMENTS

Designates those which may be filed. (386.45)

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BIRTH RECORDS-See VITAL STATISTICS

BLANKET SATISFACTIONS, ETC – 357.18 s 1 (2)

BONDS (OATHS AND APPOINTMENTS)

Bonds, place of filing. (574.21)

COUNTY OFFICIALS AND PERSONNEL (382.01)

Assessor (273.061)

Attorney and assistant (388.01 & 388.10)

Auditor and deputy (384.02 & 384.08)

Architects, landscape and exemption (326.02 & 326.13)

Clerk of District Court (485.01 & 487.10)

Coroner and deputy (390.01 & 390.05)

County commissioners (375.03)

County Officials and Personnel (382.01)

Court commissioner (489.03)

Eligibility (385.01)

Engineers and exemption (326.02 & 326.13)

Purchasing agent (375.75)

Probate referee (525.10)

Recorder and deputy (386.01 & 386.33 & 382.01)

Registrars and deputies (508.31 & 508.33; 508A.31 & 508A.33)

Sheriff and deputy (387.01, 387.14 & 387.145)

Sheriff civil service (387.33)4

Surveyor and exemption (389.011 & 326.02) (326.13)

Town clerks (367.10)

Town law enforcement (367.401)

Town officials (367.25 & 367.23)

Town officials, oath & papers where filed (386.44)

Town, state, county and schools (358.11)

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Treasurer and deputy (385.01 & 385.02)

BOUNDARY LINES

Boundary Commission establishment. (465.79)

Court action to determine. (559.23)County Boundary ChangesPlats in transfer. (370.21)

Real estate transfer. (370.18)

BUSINESS TRUST

May record declaration of trust. (318.02 Subd. 3(5))

5CARTWAY- See Roads

Permitted and Mandatory. (164.08)

CEMETERIES

Abandoned cemeteries, filing of judgment to quiet title. (306.24)

Area of more than 80 acres must file plat. (306.65)

Articles of reorganization. (306.68)

Association vacancies, filing requirements. (306.111 Subd. 4)

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Correctional facilities – cemeteries to be filed. (241.16 Subd.6)

County acceptance of donations/expenditures. (375.273)

Crematory filing requirements (public). (306.02)

Eminent domain. (306.05)

Exempt from deed tax. (287.22)

Lot arrangement, not necessary to file plat. (306.66)

Neglected – duties of town board. (306.245)

Officers and trustees, reorganization, recording requirements. (306.68 S 4)

Permanent care and improvement fund. (306.41)

Perpetual maintenance trustees. (306.61)

Plats and surveys of lots, avenues, alleys and walks. (306.05)

Private cemeteries, plat requirements. (307.01)

Private cemeteries, transfer to association or corporation by filing resolution. (307.06)

Private cemeteries, transfer of unsold lots. (307.07)

Public cemetery. (306)

Religious cemeteries, filing requirements. (306.70)

State operated – plat to be recorded. (246.33)

Town board authority. (365.26)

Trustees to be recorded. (306.61)

Vacancies, filing requirements. (306.111 S 4) 6

CERTIFICATE OF REAL ESTATE VALUE

Filing requirements. (272.115) except Government (Subd. 5)

No transfer of title to be recorded without CREV. (287.241 Subd. 2)

CERTIFIED COPIES

Authentication. (386.52)

Certified copy equal to original. (600.17) (600.22)

Recordable. (507.25) (600.13)

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CERTIFIED POSSESSORY TITLE (CPT) CHAPER 508a.

CHURCH PEWS

Deeds, provisions for recording. (507.28)

CITY

Charters, metro area, filing requirements. (410.11)

Execution of instruments executed by a city. (412.201)

CLEARANCE CERTIFICATE

Decree Descent – (525.313)TODD – 507.071 (Subd. 23)

COMMON INTEREST COMMUNITY CIC (515B)

CIC number from Recorder. (515B.1-116 (6)

CECT/CICCT (508.351)

Condominiums – all Torrens or all Abstract: MN Rules of Court - 222; 508

Do not index additional real estate. (515B.1-116)

Simultaneous deed. (515B.2-101 (a) (3)

COMPLIANCE FUND

Certificate of compliance. (357.182 Subd.6)

Recording requirements. 2010 - 10 business days (357.182)

7COMPUTER SECURITY

Facilitating – gross misdemeanor. (609.8913)

CONDOMINIUM

Condominium Law – Definition of law. (515.02)

Recording. (515.15)

Number assigned by Recorder (515A.2-101 (f)

Uniform condominium act. (515A)

See also CIC (515B.1-116b)

CONSECUTIVE INDEX REQUIREMENTS

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Index requirements. (386.32)

CONSECUTIVE NUMBERING

Document numbering requirements. (386.31)

CONSERVATION RESTRICTIONS

Effect of recording. (84.64)

CONSOLIDATION OF OFFICES - 375A

CONSTRUCTIVE NOTICES - 507.251

CONTRACT FOR DEED

Abandonment, supplementary affidavit. (559.214)

Default on state owned land. (282.17)

Filing requirements after 1/1/184. (507.235)

Lands, state forest, effect of recording. (94.13)

Termination of contract of sale, defaults. (559.209) (559.21) (270C.63 Subd. 11)

CONTROLLED SUBSTANCE

Record Affidavit. (152.0275 Subd 2(h)

8

CONVEYANCES

Abutting vacated public right of way, property is included. (507.17)

Corporation, conveyance by. (507.05)

Corrective. (272.15)

Deeds, words of inheritance not needed. (507.061)

Deeds creating or exercising power of appointment over real property. (502.72)

Delinquent taxes on tax forfeited land. See TAX FORFEITED LAND.

Delinquent tax sales. (280.385)

Encumbrances, grantor to make known. (507.20)

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Finance commissioner, conveyance from commissioner to purchase shall have force of a patent. (282.21)

Gift of real property accepted by state treasurer. (16A.013)

Grantee address, statement for future tax statements. (507.092)

Husband and wife, conveyances by, powers of attorney. (507.02)

Record of conveyance in unorganized county. (507.37)

Recording, prohibited restrictions. (507.18)

Replacement of public lands, highway. (161.202 Subd.4)

Restrictions on partial transfers of municipalities. (272.162 Subd. 3)

Tenant, conveyance by for life or years. (507.19)

Termination of contract of deed. (559.21)

Titles and conveyances recorded 15 years validated. (507.021)

Town conveyances, signatures required. (365.05)

Trust, real or personal property held in trust by banks. (48A.07)

Unrecorded conveyance. (507.34)

Unacknowledged, how proven. (507.23)

9

COOPERATIVE ASSOCIATION

Amendments to Articles of Incorporation. (308A.135, .141, .145, .151)

Articles of Incorporation. (308A.131)

CORNER POSTSRelocation. (381.12)

T0 be filed/recorded. (160.15 Subd 4)

CORPORATIONS

Agricultural corporations. (500.24)

Business corporations. (302A)

Conveyance by corporations, provisions for. (507.05)

Corporate Seal not required. (302A.163)

File Secretary of State, record with County. (301.73)

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Foreign corporations, merger or consolidation. (303) (317A.651)

Judgment of dissolution. (316.09)

Misnomer of corporate name – Patton on Titles 401-405, esp. 402

Name change identify in body of satisfaction. (507.411)

No challenge to relationship of signing party to corporation. (358.50)

Non-profit corporations. (317A)

CORPORATIONS FINANCIAL

BANKS & SAVINGS BANKS

Bonds of trustees. (50.04)

FDIC, filing requirements in not insured by FDIA. (48.03)

Filing requirements. (47.14)

Liquidation, filing requirements. (49.05)

Liquidation, voluntary. (49.215)

Name change. (507.411)

Savings Bank real estate. (50.13) Substitution order. (48A.10 Subd. 3) 10CREDIT UNIONSBylaws and amendments. (52.02)

Merger. (52.203)

Voluntary dissolutions. (52.20 Subd. 2)

INDUSTRIAL LOAN & THRIFT COMPANIESCertificate of place of business. (53.03 Subd. 5)

CORPORATIONS INSURANCE

Ancillary formal proceedings. (60B.55)

Conservation of property of foreign or alien insurers. (60B.52 Subd. 2)

Fraudulent transfers after petition, effect of. (60B.31)

Liquidation orders. (60B.21 Subd. 1)

Liquidator, powers of. (60B.25 (9)

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Liquidation of property of foreign or alien insurers. (60B.53 Subd.2)

Mergers and consolidations. (60A.16)

Rehabilitation orders. (60B.16 Subd.1)

MUTUAL COMPANIES

Domestic mutual insurance companies. (66A.21 Subd.2)

Regulation requirements. (66A.08 Subd.4)

COUNTY OFFICIALSAdministrator/Auditor – 375AAuditor – 384Treasurer –385Recorder – 386Sheriff - 387Attorney - 388Surveyor - 389Coroner - 390Assessor - 391

11

COUNTY BOUNDARY CHANGES

Plats in transfer. (370.21)

Real Estate Transfer. (370.18)

COUNTY OPTION LAW

County Recorder abolished under executive or county manager plan. (375A.04)

County Recorder appointed. (375A.10)

County Recorder consolidated with other offices. (375A.11)

COUNTY RECORDER

Change fund, establishment of. (375.45)

Credit cards. (375.171)

Crimes affecting Recorder and employees. (609.415-.475)

Defines County Recorder and Registrar of Titles. (88.01 Subd.21)

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Equipment and supplies. (375.14)

Establishment of a new county. (375.03)

Field notes of US surveys filed with Recorder. (389.05)

Office, location. (382.04)

Office, term of. (382.01)

Official seal. (386.40)

Misconduct of Recorder or employee. (609.43)

Neglect of duty. (375.181)

New County – record in old county with same effect. (507.30)

Records delivered to successor in office. (386.02)

Records not delivered to successor in office. (609.44)

Resignations, vacancies, removal. (351)

Rely on submitting parties to record in correct department. (386.071) 12

Rights, definition of. (386.74)

Supplies and equipment for County Recorder. (375.14)

Unauthorized compensation. (609.45)

Vacancy in County Recorder’s office replaced by board. (375.08)

CREDIT UNIONS

See CORPORATIONS (FINANCIAL)

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13DEATH RECORDS – See Vital Statistics

DEEDS

Abstract property, when not defected by defeasance. (507.38)

Church pews or slips. (507.28)

Conveyance, definition of. (507.01)

Conveyances by husband and wife, powers of attorney. (507.02)

Correct title or technical errors. (272.15)

Covenant, condition, restriction, reversion clause. (500.02)

Conveyance, recorded 15 years are validated. (507.72)

Creating or exercising power of appointment over real property a conveyance. (502.72)

Defeasible estates. (500.20 & 507.38)

Drafted by. (507.091)

Encumbrances, grantor to make known. (507.20)

Foreign language, recorder shall not accept without translation. (507.20)

Forgery. (507.23)

Land exchanged – class A. (94.343)Land exchanged – class B. (94.344)

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Married conveyance by both. (507.02)

Quit Claim Deed passes all estate of grantor. (507.06)

Ramsey court commissioner may acknowledge deeds or other written instruments. (383A.35)

Standards for documents recording. (507.093)

Tenant, conveyance by for life or years. (507.19)

Transfer on Death Deed (TODD). (507.071)

Translation to be attached to deed in foreign language. (507.46)

Vacated public right of way, conveyance of. (507.46)

Warranty and Quit Claim Deed forms. (507.07)

14DEED TAX

Deed tax exemption. (287.22)

Recording requirements. (287.241)

DEFERRED ASSESSMENT CERTIFICATES

Cities, filing requirements. (429.061 Subd.2)

County filing requirements. (435.194)

DELINQUENT TAX CERTFICATION

Deed to correct title defect, County Attorney can waive delinquent taxes. (272.12)

Taxes paid transfer entered. (272.12)

DEPARTMENT OF COMMERCE - 83

Registration of subdivided lands. (83.23)

DEPOSIT ACCOUNTS (386.78)

DEPOSIT OF PAPERS

Deposit of paper with the County Recorder. (600.23)

DEPUTIES (386.33)

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DISABILITY REDEMPTION

See TAX FORFEITED LAND

DISPOSAL OF OBSOLETE RECORDS – 386.47

DITCH LIENS

County Auditor tabular statements, powers and duties. (88.41)

Drainage. (103E)

15

DIVORCE

Conflict – Judgment & Decree and Summary Disposition. (518.191 S 5)

Definition of marital property. (518.003)

Divorce exempt from deed tax. (287.04 (a)

Division of marital property. (518.58)

Name Change. (518.26)Summary Real Estate Disposition Judgment - SRED. (518.191)

Transfer of property. (518.191 Subd. 4)

DOCUMENTS AS EVIDENCE

Deposit of papers. (600.23)

DRAFTING STATEMENT

Provisions for Drafted By: (507.091)

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16EASEMENTS

Condemnation, original plat as evidence. (463.06)

Condemnation, filing notice of pendency. (463.17)

Creation by common owner. (507.47)

License is not an easement – unrecordable. (MN Digest 1.03)

Must be described over private property. (301B.03)

Registered in Torrens. (508.04 Subd. 2)

Solar or wind, filing provisions. (500.30)

ELECTIONS

General provisions. (204B)

Municipal. (205)

School district. (205A)

ELECTRONIC TRANSACTIONS – 325L

EQUIPMENT FUND

First bill. (Ch. 26 L.1991) (See also 357.18 Subd. 1)

Technology Fund. (357.18 Subd. 1)

EMINENT DOMAIN

Building line easement, acquisition of. (463.02)

Cemeteries. (306.05)

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Condemnation of an easement, original plat as evidence. (463.06)

Easement, provides for filing notice of pendency. (463.17)

Filing of final certificate. (117.205)

Notice of Pendency. (117.065)

17

ELECTRONIC RECORDING - (ERER)Administration, Certificate of notarial acts. (358.47)

Electronic recording. (358.41)

ERERC. (507.0945)

Definitions. (507.0941)

Effect of acknowledgment. (358.50)

Electronic Seal. (359.03 Subd.4)

Notarial powers. (359.04)

Notary date of expiration of commission and name. (359.05)

Recorders signature may be electronic. (386.409)

Recording of documents. (507.0944)

Standard of conduct – notary. (359.085

Standards and practices. (507.0946

Title. (507.0949)

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18FARM BILL

County conservation account. (40A.152)

Crop liens. (514.963 & 514.964)

Farm Disposal of solid waste (17.135)

Landlord lien. (514.960)

Livestock liens. (514.965 & 514.966)

Mediation. (550.365, 559.209, 583.25, 583.26)

Producers lien. (514.945)

Redemption. (550.175, 582.041)

Veterinarian lien – unclaimed animal. (514.93, 514.94)

FARM NAMES

Recorded with a description of the farm. (386.36)

FEDERAL AGENCY

Filing of maps, surveys, plats of a federal agency. (386.51)

FEDERAL LAND

Acquisition by U.S. of any federal land. (1.046)

Governor accepts federal land for the state. (1.0431 Subd. 2)

FEDERAL LIENS

Duties of filing officer. (272.483)

Execution of. (272.482)

Filing fees. (272.484)

Obsolete records, disposal of. (386.46, 386.47)

Place of filing. (272.481)

Taxes paid by tenant or other person becomes lien upon notice filed with county recorder. (272.45)

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Uniform commercial code system, filing. (268.058)

19FEES

Abstracts, real estate, plats, condominium floor plans, documents, certified copies, etc. (357.18)

STATE TAX LIENS – (270c.63)State Tax Liens filed on or after July 1, 1986 are not billed to MN Dept. of Rev. - fee will be paid at time of release. (270C.63 Subd. 6)

Releases of state Tax Liens – when original liens was recorded prior to July 1, 1986 – taxpayer must pay $15.00 to record.

Release of State Tax liens – when original line was recorded on or after July 1, 1986 - taxpayer mustpay $30.00 to record.

MN DEPARTMENT OF JOBS & TRAINING. (268.058) Follows statute for recording abstract landdocuments; fee increased to $15.00 on August 1, 1991. Statutes states “the fee for filing and indexingshall be prescribed in sections 272.483 to 272.484” (which is statute for federal tax liens)

FEDERAL TAX LIENS – (272.481 TO 272.486)

Filing fee – 272.484 for a lien, certificate of discharge or subordination and for all other notices, includinga certificate of release or non-attachment filed with recorder, the fee for filing shall be as for filing a realestate mortgage in county where filed.

GOVERNMENTAL AGENCIES (386.77)

Any instrument of conveyance, assignment or release, a judgment or other document entitled torecording/filing for benefit of state of any county, city or town shall be recorded or filed by recorder/registrar WITHOUT payment of fees when presented by state or any of its agencies, or benefittedsubdivision. Fee SHALL be paid by state, agency, benefitted subdivision upon submission of statementof charges by recorder/registrar.

RECORDER (357.18)

Noncertified fees to be determined by county board. (357.18 Subd. 4 & 10)

REGISTRAR OF TITLES (508.82)

Noncertified fees to be determined by county board. (508.82 Subd. 9 & 10)

OTHER COUNTY DEPARTMENT OR AGENCIES (386.77)

Effective Aug. 1, 1986 Section 28 states recording fees need not be paid to recorder by other departmentor agency of county for filing/recording if document is for benefit of county.

COUNTY BOARD GIVEN AUTHORITY TO SET NON-STATUTORY FEES (373.41)

County board may, after public hearing, establish amounts of fees to be charged for non-statutory services.Advance fees collected by sheriff for county recorder. (357.09 Subd.4)

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20County fees and standards. (357.18)

County Recorder fees. (357.18)

County recorder technology fund. (357.18) (508.82)

Debt management services. (332A)

Federal Agency, filing map, survey, plats. (386.51)

Federal Liens. (272.484) See FEDERAL LIENS

Governmental units, recording without fees. (386.77)

Grain, assignment fee. (234.17)

Grain cancellation fee. (234.18)

Grain, duplicate record. (234.16)

In Forma Pauperis – only court expenses. (563.01)

List of lands, patents. (386.13)

Multiple document number, certified copies. (357.18 Subd.1)

Notary public - $5.00. (357.17)

Plat - $10.00 (357.18 Subd.1 (6)

Railroad land, provides for recording of instrument affecting railroad land not recorded. (507.31)

Ramsey county, establishment of fees. (383A.21)

Registrar’s fees (TORRENS) (508.82)

Subdivided lands, applications for registrations. (83.23)

Surcharge. (357.180

Surveyor (Ramsey County), approval of all plats and establishment of fees. (383A.42)

Unallocated fee. (386.015)

FENSES

Partition fences, recording of assignments of fence viewers. (344.06)

Partition fences, validation. (344.08)

FIELD NOTES

County surveyor shall keep copies. (39.53) 21

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FORESTS (INCLUDING LANDS & STATE FORESTS)

Auxiliary forests, filing requirements. (88.53)

Auxiliary forests, record of. (88.47)

Auxiliary forests, rule and regulations. (88.53 Subd.2)

Certificate of acceptance. (94.19)

Contract for deeds. (94.13)

Decorative trees, cutting, removal of, transportation, prohibitions, exceptions. (88.642)

Disposal of slashings, debris, filing of lien. (88.14)

Forty year law. (541.023)

Minnesota tree growth tax land, filing requirements. (88.49) (88.491)

Minnesota state forests, exchange class A for class f lands. (94.343)

Sustainable Forest Incentive Act. (290C.03)

FORMS

To be supplied by county board for public use. (507.10)

40-YEAR LAW (Marketable Title Act) – 541.023

FRAUD

Incomplete conveyance – grantor signature forgery. (507.23)

Intentional forged instrument. (609.64)

22

GRAIN

Assignments, filing fees. (234.17)

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Assignments, filing requirements. (234.17)

Buyers. (223)

Certificates, cancellation of and filing fee. (234.18)

Storage of grain on farms, owner’s duplicate. (234.15)

Storage of grain, county recorder’s duties with duplicate record and filing fee. (234.16)

GRAVEL

Not a mineral. (Resler v Rogers 139 NW2nd (MN1965)

GOVERNMENT SERVICES LIEN – 514.67

GUARDIANSHIP

Provided for recording letters of guardianship if spouse is insane or incompetent. (507.04)

23HAZARDOUS WASTE

Disposition of facilities, recording. (115B.16 Subd.2)

Duties of county recorder. (115B.16 Subd.3)

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HEALTH CARE FACILITIES

Continuing care facilities, registration. (80D.03)

Revised disclosure statements. (80D.09)

HIGHWAYS

See Roads

HISTORICAL SOCIETY

Affidavit of officers as to publication. (600.12)

Archival records, responsibility to, and accessibility. (15.17)

HOLIDAYS

Definition. (645.44 Subd.5)

Weekend moves due date to Monday-Holiday to next day (645.151)

HOMESTEAD

Nursing home exemption, sale or removal permitted. (510.07)

HOSPITAL DISTRICTS

Resolution of creation, filing. (447.31)

HOSPITAL LIENS – 514.68-.72

HOUSING

Statutory warranties – construction, waivers must be recorded. (327A.04)

24INCHOATE RIGHTS

Dower/Curtesy eliminated if recorded in 15 years. (519.101)

INDUSTRIAL LOAN & THRIFT COMPANIES

See CORPORATIONS (FINANCIAL)

INSTRUMENTS NOT PROPERLY EXECUTED

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(386.39 & 507.24) Except where otherwise provided by law, no recorder shall record any conveyance/mortgage/other instrument by which interest in real estate is affected, unless same is duly *signed, *executed and *acknowledged according to law; any such officer offending shall be guilty of a misdemeanor and liable in damages to party injured in civil action.

To entitle conveyance/power of attorney/ or other instrument affecting real estate to record, it shall be executed, acknowledged by parties executing same and the **acknowledgement certified as required by law. If such instruments are executed out of state, they shall be entitled to record if executed as above OR according to laws of place of execution.

*SIGNED – affix one’s name to instrument for purpose of authenticating it or to give it effect as one’s act.

-to make mark upon document in token of approval/acceptance.

-signature of person when required by law (a) must be in handwriting of person or (b) if person is unable to write, in person’s mark in their presence. (645.44 Subd.14)

*EXECUTED – included signing, sealing and delivering.

*ACKNOWLEDGED – 358.41, definitions: “acknowledgement” means declaration of person that the person has executed the instrument or electronic record for purposes stated and if instrument or electronic record is executed in representative capacity, that the person signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein.

***358.14 states form acknowledgement must take:

Married persons - no separate examination of each spouse shall be required, but if husband and wife join in an acknowledge the execution of any instrument, they shall be described in certificate of acknowledgment as husband and wife; and if they acknowledge it before same officer at different times, each shall be described in the certificate as the spouse of the other.

INSURANCE COMPANIES

See CORPORATIONS (INSURANCE)

INDEMNITY, EXECUTION OF STATUTE

(466.05, 466.7) (See also 507.251)

25

JOINT TENANCY

Decree of dissolution severs joint tenancy. (500.19 Subd.5)

Severance of estate by all joint tenants. (500.19)

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JUDGMENT & DECREE

Abstract property, when recordable. (507.26)

District Court Judgments only are recordable; Conciliation Court Judgments are not. (508.09)

Summary dissolution process. (518.195)

Torrens – drop after 10 years. (508.63)

26LAND OFFICE RECEIPTS

As evidence of title. (599.16)LAND FILL – POLLUTION CONTROL

Powers and duties. (116.07)LANDLOCKED PROPERTY - See Roads

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LANDMARKS

Surveys, section corners, township landmark; plat and field notes of survey to be filed. (381.05)LEASES

Execution of writ of recovery of premises and order to vacate. (504B.365)Record cancellation if lease is recorded. (504B.251)Unlawful exclusion or removal. (504B.375)

LEGAL AGE

Majority, Minority. (645.451)LEGAL DESCRIPTIONS

Right to reject meaningless descriptions. (386.39)State Plane Coordinate System may be used. (505.18)

LEVY ON BULKY ARTICLES – 550.13

LICENSE

Not an easement and is unrecordable. (MN Digest 1.03)LIENS

AFDC (256B)Agricultural producer’s lien. (514.945)Attorney Lien. (481.31)Building – removal if erected in good faith. (559.09)Child support lien. (256.9792 subd.8)Certificate of sale of personal and real property. (270A)Ditch liens. (See DITCH LIENS)Environmental lien. (514.671 - .676)Farm machinery lien. (514.661)Federal liens. (see FEDRAL LIENS) 27Forest liens, slashing and debris. (88.14)Government services lien. (514.67)Hospital lien. (514.68 - .72)Jobs and training lien. (268.161 Subd.1)Landlord lien. (514.960)Launderer’s lien. (514.77-.79)License, needed to abstract or issue certificate showing ownership. (386.62)

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Lis Pendens, Notice of. (514.12)Materialman’s lien. (Const.Art.1, Sec. 12) (see also 514.01 et seq)Mechanic’s lien, statement notice. (514.08)Mechanic’s lien, foreclosure of. (514.10)Medical Assistance lien. (514.982)Non-consensual common law liens. (514.99)Old age assistance lien, state acquired land. (256.263)Personal property tax lien, filing, searches, copies. (277.20)Personal property, nature, extent, priority, distraint, notice, payment. (272.50)Processing farm products. (514.66)Public officials & employees-nonconsensual common law lien. (514.99)Recital of mortgage, instruments containing, prior to 1910, conditions expired prior to 1925. (507.33)Service of animals. (514.63)Shoeing animals. (514.24 – 514.25)State tax liens. (See STATE TAX LIENS)Surveyors and engineers. (514.05)Veterinarian lien. (514.960) (1986 Farm Bill)

LIFE ESTATE EXTINGUISHED

Death certificate and affidavit. (600.21) (& Title Standards White Pages I B 4 (7)

28LIMITED PARTNERSHIPS

Amendments and cancellations recording requirements. (322.25)Certificate filing requirements. (322.02)

LIS PENDENS

Action to determine boundary lines. (559.23)County recorder’s duties, recordable form, how to fill out. (557.02)

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Drop from certificate of title after 10 years. (508.66)Lien notice. (514.12)

LOST INSTRUMENTS

Deed or Court Records destroyed; abstract of title as evidence. (601.04)Copies as evidence. (601.05)

29MANUFACTURED HOME FFES TO REAL PROPERTY (168a.141)

MAPS & SIMILAR INSTRUMENT MADE BY FEDERAL AGENCIES

Provision for recording. (385.51)

MARKETABLE TITLE ACT (40-year law) – (541.023)

MARRIAGES – See Vital Statistics

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Marriage certificate is a vital record. (144.212)Illegal marriage – false certificate – penalty. (517.14)

MARITAL STATUS REQUIRED IN ACKNOWLEDGMENT (358.14)

Definition marital property. (518.54 Subd.5)Division of marital property. (518.88)

MARRIED CONVEYANCE BY BOTH (507.02)

MATERIALMAN’S LIEN

(Construction Art.1, sec 12 (See also 514.01 e seq)

MECHANICS LIEN

Mechanics, laborers and material suppliers. (514.01 - .17)

METH CONTROLLED SUBSTANCES

Must record location of clandestine lab. (152.0275 Subd.2 (h)

MILITARY DISCHARGE CERTIFICATES

Permissive filing. (386.20)Tangible interest. (196.08)

30MINERALS

Clarification of ownership of severed mineral interests. (93.52)Classification of property. (273.13 Subd.2A)Errors, correction of, validation of certain statements. (93.551)Filing requirements. (93.55)Severance or separation from the land, recording instruments. (507.36)

MINERAL INTEREST – VERIFIED STATE OF OWNERSHIP

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Required to be recorded before Jan. 1, 1975 as to any interest owned on/or before Dec. 31, 1973 –OR- within 1 year after acquisition of such interest as to interest acquired after Dec. 31, 1973 and not previously filed –OR- mineral interest shall forfeit to state. (93.55)

MINES & MINERALS

Attachment to lands. (514.17 & 560.08)Financing statements of utilities and certain mining companies. (336B)

MORTGAGES

City public utilities deed of trust. (452.09)City public utilities mortgages. (452.09)Creditor to file order. (550.31)Discharged, how. (507.40)Less than all mortgagees’ may release. (507.412)Mortgagee’s name changes. (507.411)Purchase money by married owner – acceptable. (507.02 & 507.03)Redemption, how made. (550.26)Request for Notice as a separate document. (580.032)Reverse mortgage. (287.06 Subd. 6)Revolving line of credit. (507.325 & 287.05 Subd. 3)Satisfaction by nominee/assignee. (507.43)Satisfaction releases all documents. (Title Standard 58)Title Insurance Company – mortgage release certificate. (507.401)Unrecorded – recorded recital within 5 years. (507.332)

31

MORTGAGE FORECLOSURES

Affidavit of costs, certificate of sale. (580.17)Court action. (581)Court order reducing redemption time must be attached to Sheriff’s certificate. (580.12)Homestead included in mortgage. (582.17)Junior mortgage, holder of may pay default in prior mortgage. (580.29)Limitation on foreclosure. (582.14)

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Perpetrating evidence of sale. (580.15)Postponement – 15 days before sale. (580.07 subd.2)Premises in more than one county. (580.13)Report to Auditor. (272.17)Tax Liens, notice to commissioner. (270C.63 subd.1)Validated foreclosure sale. (582.25)

MORTGAGE REGISTRY TAX

3% of mortgage tax remains with County; 97% to State general fundArmories. (193.147)Authorization to record, tax, how payable, receipts. (287.08)Contract for deed. (507.235)Current fee effective: July 1, 1987. (287.05)Definition of. (287.01)Hennepin county deed and mortgage tax. (383B.80)MN Housing Finance Agency (and other) exemptions. (287.04)Mortgages recorded or registered prior to passage of 287.01 to 287.12. 287.11)Ramsey county deed and mortgage tax. (383A.80)Recording requirements. (287.12)Statement of tax due or exemption, recording or registering of documents. (287.241)

MOTOR VEHICLES

Installment contracts. (168.71)Possession of vehicle by mechanic constitutes lien. Only recordable remedy District Court Judgment.

32NAME CHANGE

By marriage. (517.08 Subd. 8)

Changed name of REGISTER OF DEEDS to COUNTY RECORDER. Name Change: (386.001) (Laws 1976 Chap. 18) Effective: August 1, 1976.

Felony conviction. (259.13)

Land described in order contains change of name, shall file a certified copy of the order. (259.11)Mortgage related documents. (507.411)

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NEWSPAPERS

Except legally qualified newspapers, all shall register statement of ownership. (331A.07)

NONCONSENUAL COMMON LAW LIENS – 514.99

NOTARIES – See Vital Statistics

NOTARY SEAL

Certify a notary and commission – form. (359.061 Subd. 4)

Date of expiration, identify jurisdiction where performed, title of office and military requirements. (358.47 (a)

Ex officio (358.15)

Foreign notarial act in require seal unless certified by foreign service or consular officer. (358.46)

Must be in English and the correct form be used. (358.03 (b)

Name changes must be filed through them-no FKA- signature must match stamp. (359.071)

Stamp requirements, ex officio and electronic requirements. (359.03)

Appears that requirements for OUT OF STATE notaries would only apply with reference to seals if required by that jurisdiction. However, it would not appear to be the responsibility of the recorder to make determination, but to rely on requirements of 358.47 (a) & (b) with reference to form of certificate as opposed to seal being affixed. Responsibility concerning requirements of other jurisdiction in reference to seal is that of notary.

NUMERICAL REGISTER & RECEPTION BOOK

Deed index and mortgage index. (346.04)

33

OATHS

Administered, by whom and how, officers to take and certify acknowledgements. (358.09)Filing of oath, state, county, city, township, school districts. (358.11)Unsworn foreign declaration not intended for recording. (358.115 Subd.3(4)

OBSOLETE RECORDS

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Requirements for disposal/destruction, including state and federal liens. (386.46 & 386.47)

OFFICIAL RECORDS

Must be kept, responsibility, delivery to successor and access to records. (15.17)

OPTICAL DISC IMAGING

Admissible as evidence, set standards. (138.17)

34PARCEL IDENTIFICATION

Certified copies, filing exemptions. (272.196)Notices. (272.194)Numbering tracts. (272.193)Records. (272.192)

PARKSCertified copies, filing requirements. (398.19)Execution of park instruments. (398.11)

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PARTITION OF LAND

Summons, service. (558.02)PATENTS

List of lands, record and fee. (599.16)Land office receipts, evidence of title. (599.16)Patents and duplicate. (599.19)

PERSONAL PROPERTY TAX LIENS

Filing, searches, copies. (277.20)PIPELINES

Mortgages and deeds of trust, recording requirements. (507.328)Supersedes and preempts local zoning, building land use regulations. (216G.02)Survey points, recording of. (216G.10)

PLANNING AND ZONING

Board of adjustment, filing orders. (394.27 Subd.8)Condemned property - list of property and map to be recorded. (462.15)Conditional use permits. (394.301 & 462.3595)Enforcement by county ordinance. (394.37)Filing official map. (394.361)Future public use street maps. (462.359)Ordinances, resolutions, maps, regulations recorded. (394.35 & 394.36)Regulations, adoptions of municipal or county zoning board (360.064 Subd 2)Restrictions on transfers of specific parts. (272.162 Subd.3)Restrictions on filing and recording where subdivisions regulations are of record. (462.358)

35PLATS –CHAPTER 505

Application of. (505.16)

Board to make regulations and additional powers of board. (509.11 & 509.12)

CIC – 515B

Cemetery (306.66)

Certificates - approval requirements. (505.176)

Certificates and certain plats as prima facie evidence. (505.17 & 505.177)

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Certificates by other surveyors. (505.175)

Contents of plat boundaries. (505.021)

Coordinates, MN system. (505.18)

Coordinates, when use of supplemental. (505.25)

Correction of plats. (505.173 & 505.174)

Corrected plat prior to 1/1/1915. (505.165)

County board to control platting of land. (505.09)Donations. (505.01)Error, provisions for correction. (505.174)Field notes of U.S. surveys. (389.05)Format: (505.021 Subd. 1) -44 mil transparent reproducible film or equivalent -produce by photographic process -22” x 34”

Illegible from use or wear, recorder to reproduce. (505.08 Subd.2)Instruments of dedication filing requirements. (505.03) filing provision (505.04)

provisions for plats filed more than 15 years prior to law (505.06) requirements for filing. (505.08)

Irregular tracts. (272.10)Map, plat, definition. (414.011 Subd.10)Name change of cities – conform with recorded resolution. (505.07)Official plats, certain statutory city plats declared official. (505.05)Recorded when, effects private cemetery. (307.02)Recording. (505.04)R.O.W. acquisition maps. (505.1793) 36Sign plat, architects, engineers must be licensed by state (registered) to sign plat. (326.03)Streets, roads, highways, filing of supplemental information. (505.1792)Surveys, records of engineering department used as evidence in court. (599.14)Surveys, plats of the surveys certified by US land office are evidence of facts. (599.20)Vacating plat or portion thereof, provisions for recording court order. (505.14)Vacation of platted road by town board. (164.07)Validation of certain plats, either a plat not officially recorded or mission. (505.178)Validation of plat. (505.15)

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POWER OF ATTORNEY

Affidavit as proof. (523.16)Conveyance by spouse. (507.02)Revocation of a power. (523.11)Form source (523.23)

PRINTER’S AFFIDAVIT

If publication related to sale of real property, may be recorded. (600.11)

PROBATE

Certain deeds validated. (507.42)Conveyance to defeat marital rights. (524.2-802 & -804)Decree Descent. (525.312)Personal Representative. (524.3-601 – 524.3-721)Protected person - conveyance, only by court action. (507.04 & 524.5-101 – 524.5-903)Recording decree. (525.483)

37PUBLIC LAND

Conveyance of excess by quit claim, commissioner of transportation. (161.23)Conveyance of land owned in fee by state for highway purposes but no longer needed. (161.44)Replacement of, conveyance by commissioner of transportation to affected agency. (161.202)

PUBLIC RECORDS

Access by abstractor. (386.71)

Inspection, open for. (382.16)

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Inspection requirements and restrictions. (386.17)

Government data and public information. (13.01) Access (13.03)

PUBLIC UTILITIES

Finance statements. (336B)

Mortgages and deeds of trust on less than fee simple interest, filing requirements. (300.114 & 507.327)

38

QUIET TITLE

County may quiet title and proceed to registration when purchaser pays. (284.27)

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39RACE NOTICE

(386.31) also (507.34 when read with 507.25, 507.251 & 507.32)

RAILROADS

Contract or bond liability of company, recording requirements. (222.29)

Lands, list to be filed. (507.31 Subd.1)

Mortgages or deeds, filing requirements. (222.18 Subd.1)

Rolling stock, recording requirements. (222.17)

RECEIVERS

When authorized. (576.01)

RECEPTION BOOK

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Indexes, word for word record of all instruments recorded and alphabetical index of grantor and grantee. (386.19)

Maintenance of grantor and grantee indexes. (386.03)

Maintenance of numerical and reception indexes. (386.04)

Maintenance of tract index. (386.05, 386.06 & 386.19)

Recording defects or absences. (507.251)

Recording liability. (507.251)

Requirements, official signature, time received and book/page when recorded. (386.41)

Requirements, all documents entitled to record upon payment of fees shall be recorded, returned within 10 days. (357.182. Subd. 3)

Requirements, properly signed, executed and acknowledged. (386.39)

Taxes paid. (272.12)

RECITAL OF MORTGAGE

Provisions for conveyances recorded prior to 1930, recital not to constitute notice. (507.332)

Recital disregarded. (507.331)

Recording requirements prior to 1900. (507.331)

40

RECORDING SEAL - (386.40)

RECORDABLE WHEN - 507

Abstract property, acknowledgement. (507.24)

Certified copies of any document may be recorded. (507.25)

Deeds to correct title or technical error. (272.15)

Definitions. (507.0941)

Documents effective without seal, does not apply to corporate seal. (358.01)

Documents as evidence (600.13) provisions for. (600.14)

Electronic recording. (507.0944)

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Includes draftsman. (507.09)

Includes tax address. (507.092)

Indexes, word for word record of all instruments, recorded and alphabetical index of grantors and grantees. (386.19)

Omission of attestation, acknowledgements or defected (forced and effect). (507.251 Subd.1) penalty Subd.3

Recordable documents, provisions for. (507.24)

Standards for documents to be recordable. (507.093)

US Agency maps, plats, surveys, photos. (386.51)

RECORDS – DESTRUCTION – (600.135)

REGISTERED LAND

Requirements of filing involved in quiet title action. (284.18)

REGISTRATION OF TITLES

See TORRENS, CHAPTERS 508 * 508A

REGISTRAR OF TITLES

County recorder shall be registrar. (508.30)

RELIGIOUS ASSOCIATIONS

Filing and recording requirements. (315.01, 315.50 & 315.21 Subd.2)

Prohibited restrictions, faith, creed, race, color. (507.18)41

REQUEST FOR NOTICE – 580.032

RIGHT OF WAY PLATS

Roads (160.085) other easements (505.1793)

RESIGNATION/VACANCIES OF OFFICE - 351

ROADS

Acquisition, proposed. (160.085)

Cartway, section line and land locked. (164.08)

County highways, establishment, alteration, vacation, revocation, abandonment. (163.11 Subd.7) boundaries, marking. (160.14

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Dedication, 6 years up keep. (160.05)

Forest road. (282.041)

Judicial determination. (160.14 Subd.3)

Name change, roads. (440.11)

Permitted and mandatory. (164.08) (see also Atty Gen Op 59-A53, Oct. 1945)

Section corners, preservation of section or quarter section corners, filing certificate. (160.15 Subd.4)

Streets, roads, highways, supplemental information on and filing of plats. (505.1792)

Streets, official map of future streets, filing of. (462.359)

Town roads, establishment, alteration or vacation. (164.07) Rights of abutting owners. (160.14 Subd.2)

Town road, filing map. (164.35)

Towns, notice for vacation of streets, alleys, public grounds presented to county auditor for transfer. (368.01)

Trunk highway centerlines. (161.16)

Vacating platted roads by town board. (164.07 Subd. 2-12)

Vacating streets, filing procedure. (440.135

42SAFE AT HOME (5B.03 13.805)

SALARIES Board procedure. (386.015)

SAVINGS BANK –See CORPORATION (FINANCIAL)

SCHOOL DISTRICTS

Identification numbers, assignment of. (123A.15)

SEAL – RECORDERS – 507.24

SECTION CORNERS

Monumented, duties of surveyor. (381.04)

SECURITY DEPOSITS (386.78)

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SECURITIES

Authorized securities. (50.14)

Computer security violation. (609.8913)

Security deposits, procedures. (386.78)

SENIOR ACCREDITATION

Property taxes. (270C.98)

SEPTIC SYSTEM DISCLOSURE

Subsurface sewage treatment systems must be in writing. (115.55 Subd.6)

SEWERS

Public sewer systems, second hearings, damages, payments. (116A.12 Subd.10)

Storm sewers, filing or ordinance establishing storm sewer improvement tax district. (444.17)

SHERIFF’S CERTIFICATE

File with county auditor. (272.17)

Transcription of certificated prior to May 10, 1862 and recorded in appropriate record. (386.23)

SIGNATURE

Mark only. (645.44 Subd.14)

Original signature. (507.24) 43

SOCIAL SECURITY NUMBERSPrivate data. (13.355)

SPECIAL ASSESSMENTS

Deferred special assessments. (435.193)

SPLIT OF WHOLE PARCEL

Conditions allowing. (272.162 Subd.2)

Exception for sheriff certificate or sale to federal or state government. (272.121)

Restrictions for transferring less than whole parcel. (272.162 Subd.1)

SPOUSE

Spouse’s non-joinder. (507.02, 507.03 & 507.04 & I-B-1 Title Standards White Pages)

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STATE DEED TAX

Recording requirements. (287.241)

STATE LANDS

Auditor shall convey state land not redeemed. (280.11)

Patents. (92.29)

State conservation department authorizations. (84A.28)

Tax delinquent lands received on behalf of state. (84A.38)

STATE SURCHARGE

State surcharge on recording fee. (357.18 sub.1)

STATE TAX LIENS

State tax liens-department of revenue. (270.663 & 16D.08)

Facsimile signature. (270C.63 Subd.12)

Period of limitation. (270C.63 Subd. 9)

Recording time. (270C.63 Subd.4)

Uniform commercial code system, filed on. (272.488)

STATUTES

Uniform interpretation. (645.15 et seq) 44STATUTORY CITIES – 412.016

SUBDIVISION

Approved by municipalities. (272.162)

Plats same as judicial proof. (599.20)

SURVEYS

Contents of plat, boundaries. (505.021)

Rules for surveys re-establishing lost government corners. (389.04)

Section corners relocated. (381.12)

Survey points. (216G.10)

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Survey record book, provisions for retention in office of county recorder. (389.03)

SUSTAINABLE FOREST INCENTIVE ACT

File date September 30 – (290C.04)

Withdrawal – (290C.10)

45TAXES

Certification of taxes. (272.12)

Conveyance to exempt agency. (275.28)

Current tax on divided parcels. (272.121)

Designation of tax year. (275.28)

Record split without payment of current tax-Spring Valley (1987 Session Laws Chap.65)

Senior Deferral (290B)

Taxes paid by others become lien upon notice filed with county recorder. (272.45)

TAX PAYER’S RIGHTS ADVOCATE – 270C.37

TAXPAYER STATEMENT – 507.092

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TAXES – DELINQUENT

Deed to correct title. (272.15)

Paid before transfer recorded. (272.12)

TAX FORFEITED LANDS

Action to quiet title. (284.08)

Action to quiet title, state may bring action. (284.11)

Assignment, record of. (280.08)

Cancellation validated, filing requirements. (282.222 Subd. 5)

Certificate of notice of redemption by persons under disability. (281.23)

Certificate of release. (92.165 Subd.2)

Certificate, limitation of time for filing certificate, 1925 and prior. (281.32)

Certificate, effect of. (92.17)

Certificate, state assignment, filing requirements and effect. (281.328)

Certificate of sale. (270C.7104)

Classification use exchange, filing requirements. (282.01 Subd.1)

Conservation lands under supervision of county board. filing requirements. (282.01 Subd.2)

Contracts, cancellations of, filing requirements. (282.17)46

Delinquent taxes. (272.12)

Filing, effect of. (284.28 Subd.6)

Judgment cancellation by court. (281.327)

Lands, classified. (92.36)

Limitation on filing on certain notices. (281.321)

Limitation on adverse claims, real estate assurance account. (84.28)

Lis pendens notice. (284.08)

Maps and plats. (92.10 Subd.1)

Minerals reserved. (282.20)

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Notices, failure to serve, to extinguish liens, limitation on filing. (281.322)

Redemption by persons under disability. (281.04) Land held jointly. (281.12) notice of expiration of redemption. (281.14)

sale, terms of, filing requirements. (282.222 Subd.4)

Sale, certain conveyances validated. (507.422)

State lands, payments, default. (92.06 Subd.3)

State forests, tree plantings. (89.034)

Surveys and resurveys. (92.08 Subd.3)

Taxes canceled, procedures. (282.223)

TECHNOLOGY FUND – (357.18 SUBD. 4)

TIMBER RIGHTS

Recording instruments, severance or separation of property from the land. (507.26)

TIMELY DELIVERY OR FILING – 645.151

47TITLE

Action affecting title, to real estate – 40 years. (541.023)

Action affecting title, limitations of. (541.024)

Action to quiet title, county. (284.27)Action to quiet title, requirement of filing of registered lands. (284.18)

Action to quiet title, state may bring action in tax forfeited lands. (284.11)

Action to quiet title, filing and wording of complaint and summons. (284.16)

Action to quiet title, contents of complaint. (284.14)

Action to quiet title, tax forfeited land. (284.08)

Adverse claims, unknown defendants. (559.02)

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Barring interest of spouse – desertion or insane. (519.07)

Conveyances recorded 15 years as validated. (507.021)

Conveyances, unrecorded, void. (507.34)

Deed of trust, defected, how cured. (507.35)

Land office receipts, evidence of title. (599.16)

Land office certificate, evidence of title. (599.17)

Vacating judgments. (548.25)

TORRENS(See also, Registration Without Court Proceedings 508A)

Alterations on register. (508.71)

Applicant, non-resident. (508.07)

Applications, contents of. (508.06

Application, land included separate or adjacent. (508.08)

Application, filed with Court administrator. (508.11)

Application, disposal by court. (485.15)

Application, how signed and verified. (508.05)

Appurtenant easement over registered land. (508.04 subd.2)

Assurance fund, five per cent of fees. (508.82) 48

Paid quarterly to state. (508.75)

Boundaries, determination of. (508.671)

CPT. (508A)

Certificates and copies as evidence. (508.36)

Certificate, cancellation of old, issuance of new if all/part is sold. (508.52)

Certificates, Forms of (508.35)

Common interest communities (CIC). (508A.351)

Correction of registrar’s clerical errors. (508.71 Subd.1a)

Court orders. (508.71 subd.2)

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Deputy examiners, removes limit. (508.12 Subd. 1)

Duplicate filing data/conformed copies. (508.38)

Eliminate eighth exception-1988. (508.25)

Elimination of mortgagee and lessee duplicate 1992

Examiners of title. (508.12)

Examiner’s Directives:Corrections, amendments. (508.71 subd.3)Eminent domainForeclosure Action (508.58)Street or alley vacation (508.73)Tax forfeited land-10 years. (508.67)

Fees, registrar. (508.82)

Foreclosure notice. (508.07)

Foreclosure sale, voluntary transfer, certificate of title. (508.58)

Forms, defines. (508.47)

Instruments affecting title. (508.48)

Instruments numbered consecutively. (508.38)

Judicial landmark. (559.25)

Judgment of decree entry when presented certified copy as memorial. (508.59)

Judgments drop after 10 years. (508.63) 49Life tenant; terminate interest of. (MN Rule 217)

Lis Pendens drop after 10 years. (508.66)

Memorial of canceling document to appear on old certificate. (Chap 13 Laws 1978)

Registrar of title/county recorder. (508.30)

Registered land survey. (508.47)

Registration runs with the land-withdrawal. (508.24)

Registration without court proceedings. (508A)

Registrar’s bond. (508.31)

Registrar’s liability for misfiled documents. (508.76 Subd.2)

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Seal. (508.32)

Surcharge. (508.82)

Survivorship. (508.71 subd.5)

Tax lien search. (270C.63 Subd.18)

Transfer of land at registration. (508.47)

Trustee conveyance, registration requirements. (508.62)

TOWNS

Signing of conveyance. (365.05)

May vacate platted roads. (164.07 Subd.2-12)

TRACT INDEXCompensation for transcription. (386.16)

County commissioners’ responsibilities. (386.06)

County recorder’s responsibilities. (386.05)

Hennepin county.. (386.07)

Preparation, assignment of duties. (386.08)

Preparation, payment from general fund. (386.09)

Transcribed, counties 75,00 or less. (386.15)

50 TRANSCRIBING INSTRUMENTS

Requirements for counties over 100,000. (386.2)

TRANSFER ON DEATH DEEDS – 507.07

No deed tax due (287.22 Subd. 15)

Clearance certificate may be attached to affidavit. (270.071 Subd. 20)

TRANSLATION – CERTIFIACTE OF – 507.46

TRUST

Business Trust must record declaration of trust. (318.02 Subd. 3 (5)

Defective deed of trust, how cured. (507.35)

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Requirements to transfer title. (501B.57 Subd.2)

51

UNALLOCATED FEE – 357.182 SUBD.7

UNAUTHORIZED PRACTICE OF LAW – 481.02

UNDERGROUND STORAGE TANKS – 116.48

UNIFORM COMMERCIAL CODE

County participation discontinued December 1, 2014

Revised Article 9. (336.9-101 to -709)

UNIFORMCONVEYANCING BLANKS

Certified copies of forms to be preserved. (507.09 – 507.14)

Only new forms acceptable (MN Rules 8280.0040)

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UNRECORDED MORTGAGE – NOTICE - 707.332

52

VACATIONS

By town board including platted streets. (164.06 & 164.07 Subd.2-12)

Plats or portions thereof, court order. (505.14)

VETERANS

Confidential records. (196.08)

Issue vital records at no charge. (197.63)

Record and certify at no charge. (386.20)

Signatures – digitally signed with 10-digit number with official’s name.

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VITAL STATISTICS

Transfer from court administration. (485.27)

ACCESS

Access to original birth certificate after adoption. (259.89, 259.60 & 133.3806 Subd.4 (c)

Adoption records. (144.218 Subd.1, 144.225, 259.89 & 259.60)

Commercial use. (144.225 Subd.6)

Confidential records. (144.218, 13.03, 13.05, 13.3806 Subd.4c)

Copies of public records. (382.16)

Foundling registration. (144.216 Subd.2)

Fraud. (144.227)

Government data. (13.03)

Public access. (144.225)

ADOPTIONS

Access to adoption records. (144.218 Subd.1; 144.2252; 259.89)

Access to original birth certificate. (259.89)

Adult adoption. (259.241)

Definitions. (259.21)

General. (144.218 & 144.225) 53

Judgment/order for new birth certificate. (257.66)

Preparing a new birth certificate.

BIRTH RECORDS

Access. (144.225, 257.73, 13.99, 144.1761, 13.03, 144.218, 144.216)

Adoptions. (144.218, 13.99, 144.225, 13.10 Subd.5, 144.1761. 259.89, 259.61)

-Foreign person adopted. (144.218 subd.2, 13.10 Subd.3)

-New certificate issued. (257.73, 144.218 Subd.1)

-Old certificate sealed. (257.73)

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-Public access. (259.79 subd.3, 259.61, 259.53 Subd.3)

Certified copies. (144.225 Subd.3, 144.211, 144.227, 144.225 Subd. 7)

Child’s name. (144.215)

Confidential records. (144.218, 144.176, 144.225, 13.10)

-Human Services. (144.225 Subd.2d & e)

-Illegitimate birth. (144.225 Subd.20, 13.10)

-Medical research. (144.225 Subd.4)

-Tangible interest. (144.225)

Data classifications. (144.218)

Declaration of parentage. (257.34)

Definitions. (144.212 & 13.02)

Delayed certificate and fee. (144.217 & 144.226 Subd.C)

Duties of local registrar. (144.214)

Duties of state registrar. (144.217, 144.215 & 144.226)

Father’s name. (144.215, 257.34, 259.52)

Fees. (144.226)

-Human services. (144.226)

-Veterans. (197.63) 54

Filing in general. (144.215 & 144.218)

Foundling registration. (144.216)

Home birth. (144.215)

Illegitimate child. (144.225 Subd.2)

Incorrect or incomplete record. (144.218 Subd.4)

Parents rights have been terminated. (260.241)

Paternity in general. (257.66 & 257.73)

Preparing a new certificate. (257.73, 144.218)

Recognition of parentage. (257.750

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Rule making security. (144.215)

Subsequent marriage of parents. (144.218 Subd.3)

Surcharge. (144.226)

Verification of record. (144.226 Subd.1e)

-Fee for recruiter. (144.226 Subd.1e)

-Fee for human service. (144.226.1e)

CONFIDENTIAL RECORDS

Access to adoption record. (144.2252; 259.59, 259.60)

Birth. (144.218; 144.215)

Foundling. (144.216)

Government data, access to. (13.03)

Intergovernmental access. (13.05 Subd. 9)

Public access. (144.225)

Security of government data practices. (13.02)

DEATH RECORDS

Access. (144.225 Subd.1, 13.03) Tangible interest. (144.225)

Certified copies. (144.225) Standardized format. (144.225)55

Completion of record to record. (149A.90)

Data classifications. (144.218)

Data private records. (144.1761 & 13.10)

Definitions. (144.212 & 13.02)

Duties of coroner. (149A.90 & 390.11)

Duties of mortician. (149A.90 & 144.214)

Duties of local registrar. (144.214)

Duties of state registrar. (144.213)

Fees. (144.226)

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Home death. (149A80 Subd.2, 390.21, 390.221; 149A.01; 149A.90, .91 sub 3, .93, .94)

No body found. (144.221)

Non-resident death. (144.255 Subd.5)

Registration of. (144.221)

Report to county auditor. (201.13)

Rule making authority. (144.222)

DEFINITIONS

General. (144.211 – 144.227)

DUTIES

Local registrar. (144.213 Subd. 2 1-4)

Morticians. (149A.90)

Office of Vital Statistics – State Registrar. (144.211-227)

Security and duties. (144.2131)

FEES

Hospital Liens. (514.68

Marriages. (517.08) Certified copy. (517.101)

56HOSPITAL LIENS

Fees. (514.68)

Filing duties. (514.70 & 485.27)

General description. (514.68)

Perfection of. (514.69)

Release. (514.71)

MARRIAGES

Access. (144.225 & 13.03)

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Application. (517.08)

Application disclosing illegitimate child. (144.225 Subd.1 & 2)

Authorized to perform (517.04)

Certificates, witnesses to local registrar. (517.10)

Certified copies to newlyweds. (517.101)

Credentials of minister. (517.05)

Definitions. (144.212, 358.41, 13.02)

Duties and penalties. (517.08 subd.1b & 517.01)

Fees, application. (517.08 Subd.1b & c) Certified copies. (144.226 & 517.101)

License. (517.07) Duration of. (517.08 Subd.1b) Expired. (517.08 Subd.1b)

Marriage, a civil contract. (517.01)

Parties examined. (517.06 & 517.08)

Persons capable. (517.02)

Penalties. (517.13 & 517.14)

Prohibited marriages. (517.03, 518.02, 518.01, 363.021, 517.01

-Mentally challenged. (517.03, 517.13, 252A.111)

Record keeping requirements. (517.10, 517.13, 517.18)

Reports to county auditor. (201.14) 57

Report to state registrar. (144.223)

Rule making authority. (144.223)

Same sex marriages. (363.021, 517.03)

Solemnization. (517.09, 517.04)

-persons authorized to solemnize. (489.02, 486.62)

-persons unauthorized to solemnize. (517.15, 517.03)

Subsequent marriage of natural parents. (144.218 Subd.3)

Underage applicants. (517.02)

Violations. (517.13, 517.14, 517.18, 517.08 Subd.1b)

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NOTARIES

Certification of commission & form (359.061 Subd. 4)

Ex officio (358.15)

Fees a notary can charge. (357.17)

Foreign shall submit translation. (507.46)

Misconduct. (359.08)

Name change – filed through SOS – no FKA – signature must match stamp. (359.071)

Notarial acts, seals, forms. (358)

Record of commission. (359.061 & 359.07

Removal of office. (359.12)

OFFICE OF VITAL STATISTICS

Creation. (144.213)

Duties of the state registrar. (144.213)

Fraud and penalties. (144.227)

General. (144.211-.227)58

Records received. (485.14)

Rule making authority. (144.221)

Transfer of duties to county board. (485.27)

REPORTS

Birth, non-resident. (144.225 Subd.5)

Birth, surcharge. (144.226, Subd.3)

Death, fetal and infant death. (144.222)

Death, non-resident. (144.225 Subd.50

Death, report to county auditor. (201.13)

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Marriages, dissolution & annulment. (144.224)

Marriages, to county auditor. (201.14)

Marriages, to state registrar. (144.223)

59

WARRANT

Sheriff to take possession of property. (576.05)

WATERS

Change of channel, filing procedures to include bill of cost. (465.19)

Requirement for name change. (83A.820 Subd.14)

WATERSHEDS – See Ditch Liens

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WELL DISCLOSURE CERTIFICATES

Requirements. (103I.235 Subd.1d)

Deeds dated after 10/31/1990. (103I.235 Subd.1h)

Prior deed or certificate statement. (103I.235 Subd.1i)

WILLS

Execution of. (524.2-502)

Provisions for recording. (507.27)

Must be declared valid by court. (524.3-102)

Supervised administration; Powers of personal representative (524.3-504)

60ZONING - See Planning and Zoning

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61