Dealing with Torrens property in Minnesota can be tricky, particularly if you are trying to remove items listed on the certificate of title. In this article, we are going to talk about how to remove items listed on the certificate of title when dealing with Torrens property.
If you find items on the certificate of title that you are unable to obtain a release for, you have several options. The first option is to bring a court action (aka a Proceeding Subsequent action), in which a court determines whether the item in question can be removed.
Another option is to contact the Examiner of Titles to obtain an Examiner’s Directive with instructions to delete the item from the certificate of title. This is typically a good option if the document in question obviously does not impact title to the land. The following may be removed via an Examiner’s Directive:
- Old Mortgage Documents. An examiner’s directive may be used to remove old mortgage documents. Mortgages typically expire 15 years from the expiration date of the mortgage, unless otherwise specified.
- Easements & Declarations. Over a long period of time, land is often subdivided, making specific easements no longer relevant to particular parcels. If this is the case with your property, you may be able to remove the easement via an examiner’s directive.
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