Registered land shall be subject to the same burdens and incidents which attach by law to unregistered land. This chapter shall not operate to relieve registered land or the owners thereof from any rights, duties, or obligations incident to or growing out of the marriage relation, or from liability to attachment on mesne process, or levy on execution, or from liability to any lien or charge of any description, created or established by law upon the land or the buildings situated thereon, or the interest of the owner in such land or buildings. It shall not operate to change the laws of descent or the rights of partition between cotenants, or the right to take the land by eminent domain. It shall not operate to relieve such land from liability to be taken or recovered by any assignee or receiver under any provision of law relative thereto, and shall not operate to change or affect any other rights, burdens, liabilities, or obligations created by law and applicable to unregistered land except as otherwise expressly provided herein. No title to registered land in derogation of that of the registered owner shall be acquired by prescription or by adverse possession, but the common law doctrine of practical location of boundaries applies to registered land whenever registered. Section 508.671 shall apply in a proceedings subsequent to establish a boundary by practical location for registered land.
Notes of Decisions
Hebert v. City of Fifty Lakes, 744 N.W.2d 226 (Minn. 2008).
· cites it 14× “First, the statute provides that registration shall not operate to change “the right to take the land by eminent domain.” Id. The statute thus makes it plain that the government may acquire title to Torrens property pursuant to an exercise of its eminent domain authority.”
Rogers v. Moore, 603 N.W.2d 650 (Minn. 1999).
· cites it 2× “See generally Minn.Stat. § 508.02 (1998) (stating that no title by adverse possession or easement by prescription may be acquired against registered (Torrens) property).”
Singer v. Comm'r, 817 N.W.2d 670 (Minn. 2012).
· cites it 4× “Ruth Singer’s house is registered property; under Minn.Stat. § 508.02 (2010), “[n]o title to registered land in derogation of that of the registered owner shall be acquired by .”
In re Mortg. Elec. Reg. Sys., Inc., 835 N.W.2d 487 (Minn. Ct. App. 2013).
· cites it 8× “This chapter shall not operate to relieve registered land or the owners thereof from any rights, duties, or obligations incident to or growing out of the marriage relation, or from liability to attachment on mesne process, or levy on execution, or from liability to any lien or…”
Gorman v. City of Woodinville, 283 P.3d 1082 (Wash. 2012).
“” Minn. Stat. Ann. § 508.02 . Thus, once a title is registered, it is impossible to acquire title to the registered land by adverse possession.”
Petition of McGinnis, 536 N.W.2d 33 (Minn. Ct. App. 1995).
· cites it 6× “McGinnis asserts that registration of title under Minn.Stat. § 508.02 (1994) (Torrens law) protects Lot 66 from Williams’ adverse claim because no boundary dispute existed at the time of registration.”
Phillips v. Dolphin, 776 N.W.2d 755 (Minn. Ct. App. 2009).
· cites it 3× “” Minn. Stat. § 508.02 (emphasis added); In re Hauge, 766 N.”
Ruikkie v. Nall, 798 N.W.2d 806 (Minn. Ct. App. 2011).
· cites it 8× “An owner of registered property may petition the district court to have some or all of the property’s boundaries judicially determined. Minn.Stat.”
Petition of Bldg. D, Inc., 502 N.W.2d 406 (Minn. Ct. App. 1993).
· cites it 4× “Minn.Stat. § 508.02 (1992). Nevertheless, the doctrine of practical location has been applied in some instances to determine boundaries to registered property.”
Hebert v. City of Fifty Lakes, 784 N.W.2d 848 (Minn. Ct. App. 2010).
· cites it 3× “Minn.Stat. § 508.02 provides that “[r]egistered land shall be subject to the same burdens and incidents which attach by law to unregistered land.”
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