Minnesota Statutes

Minn. Stat. § 508.71 (2026)

Alterations; Court, Examiner's Order; New Certificates

✓ current as of May 2026

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Subdivision 1.Alterations.

No erasure, alteration, or amendment shall be made upon the register of titles after the entry of a certificate of title or of any memorial on it, and the attestation of the same by the registrar, except by order of the court or as otherwise provided in this chapter.

Subd. 1a.Corrections of registrar's clerical errors.

The registrar may correct clerical errors or omissions made by the registrar's staff in producing certificates of title. An error shall not be erased or obliterated. The registrar may sign and file a correction document and memorialize it upon the affected certificate of title, or may make a correction memorial without a correction document. The memorial shall show the date, time of entry, the nature of the error or omission, and the correct information. If the error or omission may adversely affect the interest of a party, the registrar shall refer the correction to the examiner of titles. The registrar shall prepare subsequent certificates correctly and omit the memorial of the correction.

Subd. 2.Court order.

A registered owner or other person in interest may, at any time, apply by petition to the court, upon the ground that (1) registered interests of any description, whether vested, contingent, expectant, or inchoate, have terminated and ceased; (2) new interests have arisen or been created which do not appear upon the certificate of title; (3) any error or omission was made in entering a certificate of title or any memorial thereon; (4) the name of any person on the certificate of title has been changed; (5) the registered owner has married, or, if registered as married, that the marriage has been terminated; (6) a corporation which owned registered land and has been dissolved has not conveyed it within three years after its dissolution; or (7) upon any reasonable ground, that any other alteration or adjudication should be made. The court may hear and determine the petition after notice given to all parties in interest, as determined by the examiner of titles, by a summons issued in the form and served in the manner as in initial applications or by an order to show cause, as the court may deem appropriate. After notice has been given as ordered, the court may order the entry of a new certificate of title, the entry, amendment, or cancellation of a memorial upon a certificate of title, or grant any other relief upon the terms, requiring security if necessary, as it may consider proper. The provisions of this section shall not give the court authority to open the original decree of registration, and nothing shall be done or ordered by the court which shall impair the title or other interest of a purchaser who holds a certificate of title for value and in good faith, or of the purchaser's heirs or assigns without written consent of the purchaser or heirs or assigns. A certified copy of the petition may be filed as a memorial on any appropriate certificate of title which shall be notice forever to purchasers and encumbrancers of the pendency of the proceeding and all matters referred to in the court files and records pertaining to the proceeding.

Subd. 3.Directive by examiner.

At the request of a registered owner or other person in interest, the examiner of titles by a written directive may order (1) the amendment or cancellation of a memorial relating to racial restrictions, rights which are barred by a statute or rights which have expired by the terms of the instrument creating the rights, (2) upon the submission of evidence satisfactory to the examiner, the correction of the name or designation of a party who is a registered owner or who has an interest registered on a certificate of title, or (3) the deletion of easements or other nonfee interests which are terminated by their own terms or by written instrument satisfactory to the examiner. The registrar of titles may register the directives of the examiner of titles upon the certificates of title, and shall give full faith to the directives.

Subd. 4.Registration of memorials.

Without order of court or directive of the examiner, the registrar of titles may receive and register as memorials upon any certificate of title to which they pertain, the following instruments: receipt or certificate of county treasurer showing redemption from any tax sale or payment of any tax described in a certificate of title, a state deed issued to purchaser of tax-forfeited land, a certified copy of a marriage certificate showing the subsequent marriage of any party shown by a certificate of title to be unmarried, a certified copy of a final decree of divorce or dissolution of a marriage entered in the state of Minnesota, or in any state, territory or possession of the United States, or the District of Columbia to establish the dissolution of a marriage relationship of any party shown on the certificate of title to be married, and a certified copy of the death record of party listed in any certificate of title as being the spouse of the registered owner when accompanied by an affidavit satisfactory to the registrar identifying the decedent with the spouse. In all subsequent dealings with the land covered by the certificates of title, the registrar shall give full faith to these memorials.

Subd. 5.Survivorship.

In case of a certificate of title outstanding to two or more owners as joint tenants, upon the filing for registration of a record of death of one of the joint tenants and an affidavit of survivorship, the registrar without the order or directive shall issue a new certificate of title for the premises to the survivor in severalty or to the survivors in joint tenancy as the case may be.

Subd. 6.Recorded instruments.

When instruments affecting registered land have been recorded in the office of any county recorder in this state, a certified copy thereof may be filed for registration and registered with like effect as the original instrument without the order or directive.

Subd. 7.

MS 2000 [Repealed, 2001 c 50 s 37]

Notes of Decisions

Cited in 15 cases (2 in the last 5 years), 1946–2026 · leading case: In Re Petition of Metro Siding, Inc., 624 N.W.2d 303 (Minn. Ct. App. 2001).

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In Re Petition of Metro Siding, Inc., 624 N.W.2d 303 (Minn. Ct. App. 2001). · cites it 10× “In 1983, the legislature added the following emphasized language to Minn.Stat. § 508.71, subd. 2 (1982): A registered owner or other person in interest may, at anp time, apply by petition to the court, upon the ground that (1) registered interests of any description, whether…”

Walther v. Lundberg, 654 N.W.2d 694 (Minn. Ct. App. 2002). · cites it 23× “Respondent did not refer the matter to the Lincoln County Examiner of Titles pursuant to Minn.Stat. § 508.71, subd. la (2002). Originally, appellant sought a peremptory writ of prohibition and mandamus directing respondent to remove the easement memorial on appellant’s…”

Howe v. Hauge, 766 N.W.2d 50 (Minn. Ct. App. 2009). · cites it 4× “Durfees thereafter filed a Petition in Proceedings Subsequent to Initial Registration, seeking cancellation of Hauges’ certificate of title and the issuance of a new certificate of title under Minn.Stat. § 508.71 (2008), altering Hauges’ certificate of title to exclude the…”

Hersh Props., LLC v. McDonald's Corp., 588 N.W.2d 728 (Minn. 1999). · cites it 2× “See Minn.Stat. § 508.71, subd. 1 (1998). The conclusive nature of certificates of title allows real property owners to rely on the certificate of title while disregarding most interests not evidenced on the current certificate of title.”

Nolan v. Stuebner, 429 N.W.2d 918 (Minn. Ct. App. 1988). · cites it 2× “Minn.Stat. § 508.71, subd. 2(7) (1986). The trial court found that alteration of the certificates of title is needed so that the intent of the parties and the correct legal description of the easement is properly shown.”

Hofstad v. Hargest, 412 N.W.2d 5 (Minn. Ct. App. 1987). · cites it 4× “They sought relief under Minn.Stat. § 508.71, subd. 2 (1980), requesting cancellation of the Hargests’ certificate of title alleging it was induced by fraud, or, in the alternative, alleging error by Robert Hargest, and claiming the disputed strip of land should be registered in…”

Petition of Geis, 576 N.W.2d 747 (Minn. Ct. App. 1998). · cites it 4× “Minn.Stat. § 508.71, subd. 2 (1996); see also Nolan v.”

Zahradka v. State, Off. of the State Treasurer, 515 N.W.2d 611 (Minn. Ct. App. 1994). · cites it 8× “According to the trial court’s findings in the earlier litigation (which were affirmed on appeal), the mistake was made by including the disputed property on the certificate of title which preceded respondents’ certificate of title. The disputed property was never meant to be…”

Est. of Koester v. Hale, 211 N.W.2d 778 (Minn. 1973). · cites it 5× “They contend that title to the disputed tract was indefeasible because the time within which to amend the certificate had long passed and that plaintiffs’ predecessors, served with notice of the registration proceedings, chose to default and permit title to be registered in the…”

Carl v. Detoffol, 25 N.W.2d 479 (Minn. 1946). · cites it 2× “” Not only § 508.71, but the land title registration act 5 as a whole, evinces an intention to limit the protection afforded by certificates of title to purchasers in good faith and for value.”

In re Mortg. Elec. Reg. Sys., Inc., 835 N.W.2d 487 (Minn. Ct. App. 2013). “Court rules applicable to proceedings regarding the registration of titles indicate that “[t]he procedure and the method of determination shall be the same as in the trial of similar issues in civil actions or proceedings,” and that “[tissues raised in [proceedings subsequent to…”

Salcedo v. Uecker (D. Minnesota 2023). · cites it 7× “Minn. Stat. § 508.71 , subd. 1. If the property changes hands, the registrar of titles cancels the existing certificate of title and issues a new title in the name of the new owner.”

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