Real estate conveyance6/21/2023 ![]() The recording act in Minnesota is known as a race-notice statute. In this state, it is also necessary to include a Well Disclosure Certificate when submitting a real estate deed for recordation. Additional standards, as listed in section 507.093 of the Minnesota Revised Statutes, such as names that need to be included and formatting specifics, apply to the recordation of a deed in Minnesota. A spouse's signature can also be made by the spouse's duly appointed attorney in fact (507.02). Section 507.02 of the Minnesota Revised Statutes lists some exceptions to this rule. ![]() If the owner of real property is married, no conveyance of homestead will be valid unless it contains the signatures of both spouses. If a conveyance is executed out-of-state, it will be entitled to be recorded in this state if executed according to Minnesota laws or the laws of the state (507.24). Acknowledgments are required by law to be certified and must contain the original signature of the notary public or other officer taking acknowledgments. The method of conveyance in this state is determined by the owner's rights, how title is held, and the owner's intentions.Ī real estate deed needs to contain the original signatures of the party executing it, and should be acknowledged by the same. The grantee in a conveyance of real property must be legally capable of receiving property. Agricultural land in Minnesota acquired by someone other than a citizen or a permanent resident alien by devise, inheritance, or through collection of debts or enforcement of a lien or claim must be disposed of within three years after it has been acquired (500.221). Restrictions on alien land ownership in Minnesota apply to agricultural land: No natural person can acquire an interest in agricultural land directly or indirectly, unless he or she is a U.S. In Minnesota, a corporation may convey its real estate by an attorney appointed by resolution of its directors, a copy of which, certified by the corporation's clerk or secretary, may be filed with the county recorder (507.05). ![]() ![]() There are several different ways to convey and hold property in this state. The power to convey property in Minnesota is given to citizens, those claiming jointly, and corporations. Warranty deeds and quitclaim deeds are common forms in this state. The several forms of deeds, mortgages, and other conveyance forms are approved and recommended for use in this state (507.09). In Minnesota, a conveyance can be of registered lands (Torrens) or unregistered lands (abstract lands)-both are subject to the same burdens and incidents (508.02).
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