Minnesota Statutes

Minn. Stat. § 507.21 (2026)

Liability Of Grantor Who Covenants Against Encumbrances

✓ current as of May 2026

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Whoever conveys real estate by deed or mortgage containing a covenant that it is free from all encumbrances, when an encumbrance, whether known to the person conveying or not, appears of record to exist thereon, but does not exist in fact, shall be liable in an action of contract to the grantee, the grantee's heirs, executors, administrators, successors, or assigns, for all damages sustained in removing the same.

Notes of Decisions

Cited in 1 case, 2001–2001 · leading case: Piche v. Indep. Sch. Dist. No. 621, 634 N.W.2d 193 (Minn. Ct. App. 2001).

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Piche v. Indep. Sch. Dist. No. 621, 634 N.W.2d 193 (Minn. Ct. App. 2001). · cites it 2× “See Minn.Stat. § 507.21 (2000) (“Whoever conveys real estate by deed or mortgage containing a covenant that it is free from all encumbrances, when an encumbrance * ⅜ ⅜ appears of record to exist thereon, but does not exist in fact, shall be liable in an action of contract to the…”

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