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Examiner of Titles

 
 

The Examiner of Titles is an attorney appointed by the Judges of the District Court to act as legal adviser for judicial and administrative duties, pursuant to Minnesota Statutes 508.12, specified in the Minnesota Land Registration Act also called the Torrens Act.

The Examiner of Titles assists the district court by examining titles and petitions, issuing reports and conducting hearings in court cases involving the registration of land titles and in court cases involving problems or disputes with land which has been previously registered.

An important function of the Examiner of Titles is to act as legal adviser to the Registrar of Titles, who is responsible for filing title documents (e.g., deeds, mortgages, liens) submitted to the Registrar and for issuing Certificates of Title. The Examiner of Titles also issues directives and certifications instructing the Registrar of Titles to take specified action affecting Certificates of Title.

Initial Registrations

Proceedings Subsequent to Initial Registration

Certificate of Possessory Title (CPT)

An owner of abstract land may convert the land to the Torrens system (registered) by an administrative process. Possessory title registration under Minnesota Statutes Chapter 508A provides an administrative alternative to a judicial registration of title to land under Chapter 508. A possessory estate in land is a fee simple estate held by an owner who (1) has been found on examination by the examiner of titles pursuant to section 508A.13 to be the record owner of the land described; and (2) has satisfied the examiner of titles that the owner is in actual or constructive possession of the land.

Registration of possessory title is generally less expensive and can be completed more quickly than a judicial registration. The process does not involve the court and requires no publication or personal service of notice of the registration, other than by mail. Possessory title registration is recommended for uncontested titles when:

  • Part of the owner’s land is already registered. The double recording of documents becomes unnecessary.
  • The owner desires protection against adverse possession or judgments against someone with the same or similar name.
  •  Development or sale of the land is anticipated, and the owner desires the certainty of registered title.
  • A planned condominium encompasses registered and not registered land.
  • Owners, including cities, wish to simplify the records of their land ownership and end the necessity of maintaining abstracts.

Please call 218-726-2677 for information regarding the necessary documentation to accompany application.

Forms for Certificate of Possessory Title

Individual application for CPT

Joint tenant application for CPT

Business application for CPT

Certificate of Mailing

CPT affidavit

 

Letter Requests for Directives & Ex Parte Petitions

Name Affidavit and Request for Examiner's Directive

Instructions for Clearing over 10yr Forfeitures and SACs
Instructions for Clearing Mtg Foreclosures by Action

Ex Parte Petition Ten Years After Sale for Taxes.doc 
Ex Parte Petition To Delete Memorials.doc
Ex Parte Petition To Issue New Certificates.doc