Minnesota Statutes

Minn. Stat. § 507.38 (2026)

When Deed Not Defeated By Defeasance

✓ current as of May 2026

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When a deed purports to be an absolute conveyance but is made or intended to be made defeasible by force of an instrument of defeasance the original conveyance shall not thereby be defeated or affected as against any person other than the maker of the defeasance, or the maker's heirs or devisees, or persons having actual notice thereof, unless the instrument of defeasance is recorded in the county where the lands lie.

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). “38 (2000) (“When a deed purports to be an absolute conveyance but is made or intended to be made defeasible * * * the original conveyance shall not thereby be defeated or affected as against any person other than the maker of the defeasance * ⅜ * unless the instrument of…”

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