Minnesota Certificate of Possessory Title

Minnesota Certificate of Possessory Title Registration; Chapter 508A

In contrast to the Minnesota Abstract Property system, the Minnesota Certificate of Possessory Title Registered Property system under Minnesota Statutes, Chapter 508A provides a provisional title ownership certificate – which is similar in appearance to a title ownership certificate issued under Minnesota Statutes, Chapter 508.

The Minnesota Certificate of Possessory Title Registered Property system under Minnesota Statutes, Chapter 508A is also supervised:

  • by the office of the County Registrar of Titles – which will determine the propriety and effectiveness of a document before accepting it for filing;

and if necessary,

  • by the office of the County Examiner of Titles – which can be requested to provide a legal Directive with respect to the propriety or sufficiency of any document submitted for filing.

Minnesota Certificate of Possessory Title – Chapter 508A

Minnesota Abstract Property may become subject to the Minnesota Registered Property system pursuant to a non-judicial registration procedure governed by Minnesota Statutes, Chapter 508A – known as a Certificate of Possessory Title.

The Minnesota Certificate of Possessory Title registration procedure identified in Minnesota Statutes, Chapter 508A provides an administrative alternative to a judicial registration of title to Minnesota real property under Chapter 508.

The Minnesota Certificate of Possessory Title registration procedure can usually be completed more quickly than, and is generally less expensive than, a judicial registration procedure governed by Minnesota Statutes, Chapter 508, since it does not involve a judicial process, and requires:

  • no publication of notice of the registration, and
  • no personal service of notice of the registration – other than by U.S. mail.

Certificate of Possessory Title Registration under Minnesota Chapter 508A – Where Available

In 1990, Hennepin County became the first county in Minnesota – and in the nation – to authorize a Minnesota Certificate of Possessory Title registration procedure.

Since then, certain other Minnesota counties have authorized the Minnesota Certificate of Possessory Title registration procedure – pursuant to resolutions approved by their respective Boards of Commissioners.

Possessory Estate in Land

The Minnesota Certificate of Possessory Title registration procedure requires the Applicant to have a possessory estate in land – which is defined as a fee simple estate held by an owner who has been determined by the County Examiner of Titles – after an examination of the property’s abstract of title record to be:

  1. the record owner of the subject property by the County Examiner of Titles; and
  1. in actual or constructive possession of the subject property.

Certificate of Possessory Title Registration under Minnesota Chapter 508A – When Appropriate

The Minnesota Certificate of Possessory Title registration procedure may be advisable with respect to uncontested titles when:

  1. Part, but not all, of the subject property was previously registered pursuant to an initial registration procedure governed by Minnesota Statutes, Chapter 508;
  2. The owner of the subject property desires protection against claims which may result from adverse possession, or complications relating to judgments against someone with the same or similar name;
  3. A sale of the subject property is contemplated, and the owner desires the certainty of having its title registered by the County; or
  4. The owner(s) of the subject property desire to simplify their land ownership evidence, in part by eliminating the necessity to maintain or update an abstract of title.

Certificate of Possessory Title Registration – Procedures

While:

  • the Minnesota Certificate of Possessory Title registration procedures may vary somewhat from county to county, and
  • the title examination fee will vary from county to county,

in general, the owner of the subject property (hereinafter, the “Applicant Owner“) will submit a Certificate of Possessory Title application to the County Examiner of Titles, along with the payment of fees relating to title examination, and document recording.

While the title examination fee will vary from county to county, the document recording fee should be fairly uniform across participating Minnesota counties.

While no Court fee would be payable with respect to the limited registration of title involving an administrative process identified in Minnesota Statutes, Chapter 508A, there can be:

  • abstracting charges, and
  • legal fees,

in addition to title examination fees, and recording fees.

Certificate of Possessory Title under Minnesota Chapter 508A – Application

The required contents of the Minnesota Certificate of Possessory Title application form are identified by Minnesota Statutes, Chapter 508A.

The County Examiner of Titles will review the Certificate of Possessory Title application, and either:

  • approve it as originally prepared, or
  • return it to the Applicant Owner – or his or her attorney – for amendments.

Once the application has been approved, the County Examiner of Titles will request the Applicant Owner to file an updated abstract of title with the County Examiner of Titles.

Certificate of Possessory Title under Minnesota Chapter 508A – Examination

The County Examiner of Titles will review the abstract of title – and perhaps other public records – in order to determine if the Applicant Owner has possessory title, as defined in Minnesota Statutes, Chapter 508A.

Certificate of Possessory Title Registration under Minnesota Chapter 508A – Report

If the County Examiner of Titles determines that the Applicant Owner has the proper possessory estate in land, the County Examiner of Titles will:

  1. record the Certificate of Possessory Title application with the county recorder,
  1. issue an Examiner of Titles Report, setting out all ownership interests, liens and other interests in the property; and
  1. send the Examiner of Titles Report, and a Certificate of Mailing, to the Applicant Owner – or to his or her attorney.

Certificate of Possessory Title Registration under Minnesota Chapter 508A – Certificate of Mailing

Thereafter, Applicant Owner – or his or her attorney – will:

  • list on a Certificate of Mailing the addresses of the persons identified in the Examiner of Titles Report as holding any right, title, estate, lien or other interest in the subject property – hereinafter, the “Interested Persons“,

and

  • return the Certificate of Mailing to the office of the County Examiner of Titles – along with stamped envelopes addressed to the persons identified thereon, using the address of the office of the County Examiner of Titles as the return address.

Certificate of Possessory Title Registration under Minnesota Chapter 508A – Affidavit of Not Found

If the address of any of the Interested Persons cannot be ascertained after a due and diligent search, the Applicant Owner – or his or her attorney – will execute and file an Affidavit testifying that any such address(es) cannot be located.

Certificate of Possessory Title Registration under Minnesota Chapter 508A – Notice of Application for Certificate of Possessory Title

The County Examiner of Titles will thereafter prepare and mail to each of the Interested Persons a Notice of Application for Certificate of Possessory Title – which will state:

  1. that the Applicant Owner has applied to register possessory title to the land described in the notice, subject only to the rights, titles, estates, liens listed in the notice,

and

  1. that the person receiving the notice has 20 days to make a valid written objection.

Minnesota Certificate of Possessory Title Registration under Minnesota Chapter 508A – Affidavit of Mailing

The County Examiner of Titles will thereafter complete an Affidavit of Mailing – evidencing that the required written notices were mailed to the Interested Persons.

Minnesota Certificate of Possessory Title Registration under Minnesota Chapter 508A – Objection to the Registration

If any objection to the Certificate of Possessory Title application is filed with:

  1. the Applicant Owner,
  1. the Applicant Owner’s attorney, or
  1. the County Examiner of Titles,

the County Examiner of Titles will not proceed with the registration unless the objection is withdrawn – or otherwise satisfied.

Conversion to an Initial Real Property Registration under Minnesota Chapter 508

If any objection to the Certificate of Possessory Title application is not withdrawn – or otherwise satisfied – the Applicant Owner may convert the file to a judicial registration procedure under Minnesota Statutes, Chapter 508 in order to address the objection.

Minnesota Certificate of Possessory Title Registration under Minnesota Chapter 508A – Affidavit With Respect to Recent Title Matters

If no objection to the Minnesota Certificate of Possessory Title application has been made within 20 days after the Notice of Application for Certificate of Possessory Title was mailed to the Interested Persons, the County Examiner of Titles will send to the Applicant Owner an Affidavit which requires the disclosure of any recent matters affecting title to the subject property  – such as any judgments or conveyances which may have been recorded.

Minnesota Certificate of Possessory Title Registration under Minnesota Chapter 508A – CPT Examiner’s Directive

Upon return of the Affidavit by the Applicant Owner – together with payment of the normal document filing fee to the County Registrar of Titles,

  • the County Examiner of Titles will issue an CPT Examiner’s Directive,
  • to the County Registrar of Titles,

directing the County Registrar of Titles to issue the Certificate of Possessory Title in the name of the Applicant Owner, subject only to:

  1. certain exceptions identified in the statute;
  2. memorials of outstanding title interests; and
  3. a memorial of the CPT Examiner’s Directive.

Certificate of Possessory Title Registration under Minnesota Chapter 508A – Filing of the CPT Examiner’s Directive

The County Examiner of Titles will deliver:

  1. the CPT Examiner’s Directive,
  1. the Applicant Owner’s filing fee, and
  1. the abstract of title,

to the office of the County Registrar of Titles, which may keep the abstract of title.

Certificate of Possessory Title Registration under Minnesota Chapter 508A – Return of the CPT Examiner’s Directive

A copy of:

  • the CPT Examiner’s Directive,

and

  • a notice stating the date on which the CPT Examiner’s Directive was filed with the County Registrar of Titles,

will be sent to the Applicant Owner – or to his or her attorney.

Certificate of Possessory Title Registration – Effect

After the issuance of the Certificate of Possessory Title, the title record of the subject property will be converted into a regular Certificate of Title issued under Minnesota Chapter 508 when 5 years have elapsed from the date the Minnesota Certificate of Possessory Title was issued.

Until then, no legal proceeding affecting:

  • the title to,

or

  • possession of,

the subject property – based on a title interest created before the entry of the issuance of the Minnesota Certificate of Possessory Title – may be commenced unless a Notice of Lis Pendens is filed within 5 years after the filing date of the Minnesota Certificate of Possessory Title.

Until the expiration of the 5 year waiting period, the CPT Examiner’s Directive will continue to be listed as a memorial on the Minnesota Certificate of Possessory Title in order to identify that it is subject to the rights of the parties in possession, if any.

Minnesota Certificate of Possessory Title

Copyright 2016 – All Rights Reserved

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:

Legal Disclaimer

Information provided herein is only for general informational and educational purposes. Minnesota real property laws involve 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.

Accessing the web site of Gary C. Dahle, Attorney at Law – https://www.dahlelawminnesota.com – may be held to be a request for information. However, the mere act of either providing information to Gary C. Dahle, Attorney at Law, or taking note of information provided on https://www.dahlelawminnesota.com, does not constitute legal advice, or the establishment of an attorney/client relationship.

Nothing herein will be deemed to be the practice of law or the provision of legal advice. Clients are accepted by Gary C. Dahle, Attorney at Law, only after preliminary personal communications with him, and subject to mutual agreement on terms of representation. If you are not a current client of Gary C. Dahle, Attorney at Law, please do not use the e-mail links or forms to communicate confidential information which you wish to be protected by the attorney-client privilege.

Please use caution in communicating over the Internet. The Internet is not a secure environment and confidential information sent by e-mail may be at risk. Gary C. Dahle, Attorney at Law, provides the https://www.dahlelawminnesota.com web site and its contents on an “as is” basis, and makes no representations or warranties concerning site content or function, including but not limited to any warranty of accuracy, completeness, or being current.