Torrens Title

Torrens Title Definition

Torrens is a system for registration of land under which, upon the landowner's application, the Court may, after appropriate proceedings, direct the issuance of a certificate of title.  The Certificate of Title is kept in the office of the Registrar of Titles.  With the "abstract system" an abstract is evidence of title.  In the "Torrens system" the certificate of title is the title.

In Minnesota the County Recorder is the Registrar of Titles.  The Registrar is an arm of the District Court and under its control.  The Registrar  must examine documents presented and determine that they meet the legal requirements to transfer the property and issue Certificates of Title which are proof of ownership for the purchaser.

To determine if a parcel is Torrens, search the parcel number on the GIS Map and look at the property type in the information box.

Registrar of Titles

When acting as the Registrar of Titles, the Clay County Recorder reviews each document before recording to determine if the document will cloud the title, similar to when an attorney examines an abstract for abstract property. When property is held in a trust, an estate, or is part of a court proceeding, the Examiner of Titles issues a directive to the Registrar of Titles regarding how to proceed.

The Registrar also works closely with the Examiner of Titles.  The Examiner is appointed by the court and is an advisor to the Registrar of Titles.  

Chapter 508 of Minnesota Statutes provides that certain instruments may not be accepted for filing by the Registrar unless certified by the Examiner (or Deputy Examiner) or pursuant to a Court Order.

See memo from the Examiner of Titles: Examiner Memo 

Examiner's Approval and Certification prior to recording is needed for all title transfers, including some liens (generally not mortgages), easements, platting, etc. which involve any of the following:

  • Trust Documents 508.62 (Only for title transfers: Not for mortgages or other liens)
  • Probate Documents 508.69 (PR's Deed or Decree)
  • Guardian or Conservator's Documents 508.69
  • Religious Corporation Documents (excluding non-profit corporation)
  • POA's and Affidavit by Attorney-in-Fact

Examiner's Directive needed for the following:

  • To alter names, marital status, state of incorporation, etc. 508.71, Subd. 3
  • To transfer certificate to the purchaser of tax title (If 10 years have lapsed since filing of Auditor's Certificate of Forfeiture, Sale or State Assignment Certificate) 508.67, Subd, 2
  • After the vacation of a street or alley - to add accruing portion to the certificate 508.73. Subd. 2
  • Condo documents - CIC's type condos 508.351
  • To drop old documents which have expired by their terms or are prohibited 508.71, Subd. 3 (for Covenants and Restrictions 500.20, Subd. 2a)
  • After mortgage foreclosure by action 508.58, Subd. 2
  • Where the Divorce Decree or Summary Real Estate Disposition Judgment is being used to transfer title 508.59
  • After eminent domain proceedings 508.73
  • To drop racial restrictions 508.71, Subd. 3
  • To drop documents related to the Cancellation of a Contract for Deed where the Notice of Cancellation has been of record for five (5) years 508.58, Subd. 5
  • Document has expired by its terms or by written instrument satisfactory to Examiner 507.71, Subd. 3(3)
  • Association Lien more than 3 years after filing 515A-115(d) and 515B.3-116(d)
  • Expired Notice of Adverse Claim 508.70
  • After cancellation of contract for deed, if the notice of cancellation has been of record less than five (5) years
  • After mortgage foreclosure by advertisement 508.58, Subd. 1
  • Tax title less than 10 years old 508.67, Subd. 2
  • Owner redemption from mortgage or other lien foreclosure sale.  
  • To transfer title to a buyer under a Contract for Deed where the contract is paid off, but no deed forthcoming
  • To determine or adjust boundaries 508.671
  • To determine adverse claims
  • Email a copy of the deed and related documents to Zenas Baer and his Legal Technician, Judy Aarsvold.
  • Send a $300 check for the Examiner's fee to Zenas Baer Law, PO Box 249, Hawley, MN 56549. They will provide an invoice if needed.
  • Preferred that the original documents are not mailed.  If email or fax is not possible, please call Judy for instructions.
  • The cost for a Certification or a Directive is usually $300. The cost may be more for complex matters. The $300 fee does not include any filing fees that may be necessary for an original registration or proceedings subsequent.