Minnesota Abstract Real Property

Minnesota real estate which offers the Minnesota Abstract Real Property form of title evidence (hereinafter, “Minnesota Abstract Property”), is based on a system which:

does not provide any title ownership certificate – as does the Registered Property system, and
providing certain document recording standards are satisfied – is not supervised by any government official – as is the Registered Property system.

Prior to the 1901 enactment of the Torrens Property Registration statutes, all Minnesota real property offered the Abstract Property form of title evidence.

Title Evidence – Minnesota Abstract Real Property

In order to determine the status of title with respect to Minnesota Abstract Real Property, independent abstractors or title companies may be hired to:

prepare a new abstract of title – a complete compilation of all documents which have been recorded at the County Recorder’s office, beginning with the original Congressional grant or patent from the U.S. Government – affecting the real property under examination;
“continue” or “update” to the present date a pre-existing abstract of title; or
prepare a short, or stub abstract of title – a compilation of all of the instruments affecting the real property title under examination from and after a specified date.

Once initially prepared or subsequently updated, the abstract of title will contain summary entries of significant information identified in each title document which has been recorded in the office of the County Recorder relating to the subject real property.

On occasion, and for good reason, the abstractor may also:

photocopy a recorded document, and

identify it as an exhibit to an entry in the abstract of title.

Self-Governing Nature of Abstract Real Property

The Minnesota Abstract Real Property title evidence system is self-governing, in the sense that every time title is to be transferred, the abstract of title – or other title evidence – must be:

updated by a Title Company, and
examined by either a Title Company, or legal counsel for the prospective buyer or lender.

Unless and until:

a quiet title legal action with respect to such real property is concluded in a Minnesota District Court;
title to the Minnesota Abstract Property is registered pursuant to a Torrens Registration Proceeding, under either Minnesota Statutes Chapter 508, or Chapter 508A; or
a Minnesota probate court has issued a Decree of Distribution or a Decree of Descent with respect to Minnesota Abstract Property;

there will be no Minnesota government official providing any declaration or determination as to the status of title with respect to Minnesota Abstract Property.

Title Examination of Abstract Real Property

With respect to pending sale transactions involving Minnesota Abstract Real Property, attorneys or Title Company employees will:

examine some form of abstract of title – or other title evidence – relating to the real property which is to be sold, and

based upon such examination – issue an opinion as to the legal status of the title.

Title Commitments – Minnesota Abstract Real Property

Any title opinion issued by a Title Company’s examiner will take the form of a preliminary commitment for a title insurance policy.

Periodic Title Examination – Abstract Real Property

Each time that the title to Minnesota Abstract Real Property is transferred, the abstract of title – or other title evidence – must be updated and reexamined.

Over time, an abstract of title may become:

longer – as more entries are recorded, and

to some extent, more time-consuming to examine.

Reissued Title Commitments – Abstract Real Property

As an alternative to the periodic examination of an abstract of title with respect to Minnesota Abstract Real Property, title companies will often “update”:

a previously issued title commitment,

rather than

the abstract of title,

whenever there is a new transaction.

While such a procedure may provide certain cost savings over the periodic examination of an abstract of title with respect to Minnesota Abstract Real Property, even the reduced cost resulting from the re-issuance of a title commitment may typically cost more than a title examination with respect to Minnesota real property which offers the Registered Property form of title evidence.

Minnesota Abstract Real Property

Gary C. Dahle – Attorney at Law

2704 Mounds View Blvd., Mounds View, MN 55112

Phone: 763-780-8390 Fax: 763-780-1735 [email protected]

Topics of Interest:

Minnesota Joint Tenancy

Legal Disclaimer

Information provided herein is only for general informational and educational purposes. Minnesota real property law involves many complex legal issues. If you have a specific legal problem about which you are seeking advice, consult with legal counsel.

Gary C. Dahle, Attorney at Law, is licensed to practice law only in the State of Minnesota, and in the State of North Dakota, in the United States of America. Therefore, only those persons interested in matters governed by the laws of the State of Minnesota or the State of North Dakota should consult with, or provide information to, Gary C. Dahle, Attorney at Law, or take note of information provided herein.

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