Every person receiving a certificate of title pursuant to a decree of registration and every subsequent purchaser of registered land who receives a certificate of title in good faith and for a valuable consideration shall hold it free from all encumbrances and adverse claims, excepting only the estates, mortgages, liens, charges, and interests as may be noted in the last certificate of title in the office of the registrar, and also excepting any of the following rights or encumbrances subsisting against it, if any:
(1) liens, claims, or rights arising or existing under the laws or the Constitution of the United States, which this state cannot require to appear of record;
(2) the lien of any real property tax or special assessment;
(3) any lease for a period not exceeding three years when there is actual occupation of the premises thereunder;
(4) all rights in public highways upon the land;
(5) the right of appeal, or right to appear and contest the application, petition, or other proceeding affecting the title, as is allowed by this chapter;
(6) the rights of any person in possession under deed or contract for deed from the owner of the certificate of title; and
(7) any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17.
No existing or future lien for state taxes arising under the laws of this state for the nonpayment of any amounts due under chapter 268 or any tax administered by the commissioner of revenue may encumber title to lands registered under this chapter unless filed under the terms of this chapter.
Notes of Decisions
Cited in
38
cases (
1 in the last 5 years), 1946–2023 · leading case:
In Re Collier, 726 N.W.2d 799 (Minn. 2007).
In Re Collier, 726 N.W.2d 799 (Minn. 2007).
· cites it 28× “The court cited Minn.Stat. § 508.25 (2004), which states: Every person receiving a certificate of title pursuant to a decree of registration and every subsequent purchaser of registered land who receives a certificate of title in good faith and for a valuable consideration shall…”
Hebert v. City of Fifty Lakes, 744 N.W.2d 226 (Minn. 2008).
· cites it 6× “2007) (citing Minn.Stat. § 508.25 (2004)). One exception is for public highways.”
Petition of Willmus, 568 N.W.2d 722 (Minn. Ct. App. 1997).
· cites it 14× “This court directed the trial court to address the possible applicability of estop-pel by deed and Minn.Stat. § 508.25 if it concluded that the Doughertys did not have actual notice of the easement.”
Howe v. Hauge, 766 N.W.2d 50 (Minn. Ct. App. 2009).
· cites it 8× “Id In 1960, the combined land now included in Hauges’ and Howes’ certificates of title was registered by Lees in a court proceeding, pursuant to Minn.Stat. § 508.25. In the original certificate of title issued to Lees in 1960, Certificate of Title No.”
Hersh Props., LLC v. McDonald's Corp., 588 N.W.2d 728 (Minn. 1999).
· cites it 4× “Torrens registration provides a means to determine the state of title through the inspection of a single document, the certificate of title, except for seven specified interests enumerated in Minn.Stat. § 508.25 (1998). See Mill City Heating & Air Cond.”
Sampair v. Vill. of Birchwood, 784 N.W.2d 65 (Minn. 2010).
· cites it 4× “If we simply affirm the court of appeals, the Torrens certificate will issue without notice of the easement and, under Minn.Stat. § 508.25 (2008), appellants will be forever barred from claiming an easement over the property.”
Nolan v. Stuebner, 429 N.W.2d 918 (Minn. Ct. App. 1988).
· cites it 4× “Appellants next claim that pursuant to Minn. Stat. § 508.25 (1986) they received their certificate of title in good faith and for valuable consideration, and therefore hold it free from all adverse claims which are not noted in the last certificate of title.”
In re Mortg. Elec. Reg. Sys., Inc., 835 N.W.2d 487 (Minn. Ct. App. 2013).
· cites it 9× “Did the district court err in applying Minn.Stat. § 508.25? The property at issue is Torrens property and subject to a particular statutory scheme.”
Palatine Nat'l Bank of Palatine v. Strom (In Re Strom), 97 B.R. 532 (Bankr. D. Minn. 1989).
· cites it 4× “25, which provides: Every person receiving a certificate of title pursuant to a decree of registration and every subsequent purchaser of registered land who receives a certificate of title in good faith and for a valuable consideration shall hold it free from all encumbrances…”
— Minn. Stat. § 508.25(1) — 1 case
— Minn. Stat. § 508.25(2) — 1 case
— Minn. Stat. § 508.25(4) — 2 cases
— Minn. Stat. § 508.25(6) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.