Real property statute technical overhaul passed by House

Minnesota law on real property would get a nudge into the modern era, under a technical bill passed 126-0 by the House Thursday.

The bill contains 20 provisions meant to eliminate obsolete, inefficient or unproductive practices for recording real property, making statutes conform to existing practices and clarifying what can be done electronically.

Rep. Dennis Smith

Sponsored by Rep. Dennis Smith (R-Maple Grove), HF46 goes to the Senate where Sen. Scott Newman (R-Hutchinson) is the sponsor.

An example of how the bill would streamline the process is that it would direct certain boundary issues to one court instead of two.

Real property in Minnesota is now recorded under either the abstract system or the Torrens system, with older urban areas more often using Torrens. When abutting properties are recorded under different systems, the bill would clarify that boundary issue may go to a single judicial referee, using the Torrens system, for action.

Another provision would change an appeal period for a district court’s order relating to land registration from 90 to 60 days to conform with state law elsewhere – a discrepancy that’s currently a trap for the unwary.