(a) Every conveyance, lien, attachment, order, decree, or judgment, or other instrument or proceeding, which would affect the title to unregistered land under existing laws, if recorded, or filed with the county recorder, shall, in like manner, affect the title to registered land if filed and registered with the registrar in the county where the real estate is situated, and shall be notice to all persons from the time of such registering or filing of the interests therein created. Neither the reference in a registered instrument to an unregistered instrument or interest nor the joinder in a registered instrument by a party or parties with no registered interest shall constitute notice, either actual or constructive, of an unregistered interest.
(b) An instrument acknowledged in a representative capacity as defined in section 358.52 on behalf of a corporation, partnership, limited liability company, or trust that is otherwise entitled to be recorded shall be recorded if the acknowledgment made in a representative capacity is substantially in the form prescribed in chapter 358, without further inquiry into the authority of the person making the acknowledgment.
Notes of Decisions
Cited in
16
cases, 1954–2013 · leading case:
In Re Collier, 726 N.W.2d 799 (Minn. 2007).
In Re Collier, 726 N.W.2d 799 (Minn. 2007).
· cites it 4× “After the issuance of a certificate of title, any conveyance, lien, instrument, or proceeding that would affect the title to the now registered Torrens property must be filed and registered with the registrar of titles in the county where the property is located in order to…”
Imperial Developers, Inc. v. Calhoun Dev., LLC, 775 N.W.2d 895 (Minn. Ct. App. 2009).
· cites it 12× “Whether a property interest is considered of record under the Torrens Act is broadly governed by Minn.Stat. § 508.48 (2008). Mortgage interests, however, are directly governed by Minn.”
United States v. Ryan, 124 F. Supp. 1 (D. Minnesota 1954).
· cites it 5× “§ 508.48, provides as follows:- “Every conveyance, lien, attachment, order, decree, or judgment, or other instrument ■ or proceeding, which would affect the title to unregistered land under existing laws, if recorded, or filed with the register of deeds, shall, in like manner,…”
Nolan v. Stuebner, 429 N.W.2d 918 (Minn. Ct. App. 1988).
· cites it 2× “See Minn.Stat. § 508.48 (1986). Additionally, the Stuebners were on record notice, and actual notice through their attorney’s title opinion, that their certificate of title was clouded due to a 1969 deed by a predecessor in title, granting an easement on property partially not…”
United States v. 392 Lexington Parkway South, St. Paul, 386 F. Supp. 2d 1062 (D. Minnesota 2005).
· cites it 2× “See Minn. Stat. § 508.48 (every instrument which would affect title to unregistered land if recorded with county recorder, shall affect registered land when registered with the county registrar of titles, “and shall be notice to all persons from the time of such registering or…”
Petition of Willmus, 568 N.W.2d 722 (Minn. Ct. App. 1997).
· cites it 4× “First, Willmus contends the Dough-ertys received actual notice by operation of law according to Minn.Stat. § 508.48 (1996), which provides: Every conveyance, lien, attachment, order, decree, or judgment, or other instrument or proceeding, which would affect the title to…”
David-thomas Companies, Inc. v. Voss, 517 N.W.2d 341 (Minn. Ct. App. 1994).
· cites it 2× “Minn.Stat. § 508.48 (1992). The negative inference of this provision is that a title to registered property is not encumbered unless the lien is filed and registered with the county registrar.”
Phillips v. Dolphin, 776 N.W.2d 755 (Minn. Ct. App. 2009).
· cites it 2× “See Minn.Stat. § 508.48(a) (2008) (noting that all instruments or proceedings affecting title to unregistered land may be recorded and will affect title).”
In Re Collier, 711 N.W.2d 826 (Minn. Ct. App. 2006).
· cites it 2× “” Minn.Stat. § 508.48 (2004). And “[ejvery 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…”
— Minn. Stat. § 508.48(a) — 2 cases
Phillips v. Dolphin, 776 N.W.2d 755 (Minn. Ct. App. 2009).
“See Minn.Stat. § 508.48(a) (2008) (noting that all instruments or proceedings affecting title to unregistered land may be recorded and will affect title).”
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