Initial Registration of Title

To register property, the property owner or their lawyer first sends David Meyers, as the Examiner of Titles, an Application. He approves the Application and it is filed with the District Court. A certified copy of the Application is then taken to the County Recorder to be indexed in the Abstract records.

After the Application is indexed, the Applicant updates the Abstract to the property to include the Application. David Meyers then examines the title and issues an Examiner’s Report to the Court.

The Examiner’s Report tells the Court whether the Applicant has met the statutory requirements to register title, it sets out any title defects, and it identifies the parties to the Registration. The parties include all persons identified in the Abstract as having an interest in the property, all adjoining owners, parties in possession and lienholders if Judicial Monuments are to be set and anyone with adverse claims in the property.

In Sherburne County, we require a survey of the property. The Sherburne County Surveyor Ken Holmbeck (Ken.Holmbeck@co.sherburne.mn.us) reviews the survey and lets David Meyers know of any boundary problems. Those problems are incorporated into his Examiner Report. The owners and encumbrance's reports are also crossed checked with the Auditor’s records.

After the Examiner’s Report is issued and filed with the Court, the Applicant requests a Summons. This is handled by the District Court Administrator. The Summons is directed to everyone listed in the Examiner’s Report.

The Summons is served and the case proceeds as any other civil case. In order to reduce the number of contested cases, prior to issuing David Meyers Report, he normally contacts any party with an adverse claim or boundary dispute. The Applicant and the other party are encouraged to work out their differences before the Report is issued. This has worked fairly well.

After service is completed, and assuming there is no Answer, David Meyers reviews the Affidavits of Service and assist the Applicant with the preparation of the Order and Decree of Registration. As a general rule, no Registration matter should ever come before the District Court for any action or Order unless the Examiner have signed it. The Examiner's signature certifies to the Court that the Examiner has reviewed all of the evidence, including Affidavits of Service, and that the Examiner believes everything is in order to register the title.

When Judicial boundaries are set, there will first be an Interlocutory Order. The Interlocutory Order states that Registration is proper and it instructs the Applicant to have the surveyor go out to set iron Judicial Monuments at the corners.

After the Judicial Monuments are set, the Applicant will need to supplement the Court file with an Affidavit from the surveyor and a final survey with the location of the Judicial Monuments. and provide the final Order for Registration.

In contested cases, the Examiner will do his best in in theReport to identify the issues for the parties and the Court. The Court should hear the case as it would any other contested civil matter. At the conclusion, the Examiner should review the final Judgment as to form. It is important that the Court give clear directions to the Registrar of Titles as to its intention with the Registration.

On some occasions, with consent of the parties, the District Court has referred a dispute to me to make a recommendation. This is a bit like non-binding arbitration. The Examiner hears the evidence, does a property inspection and then makes proposed Findings and Conclusions as a recommendation to the Court. The Court and parties may then either accept the Examiner's recommendation or set the case for trial.

After title is registered, the District Court may need to get involved where there is an involuntary transfer, which is called a Proceeding Subsequent to Initial Registration. This would include a proceeding after a Cancellation of a Contract for Deed, Mortgage Foreclosure, tax title sale and so on. As with the Registration, a Petition is approved by David Meyers, filed with the District and then Memorialized upon an existing Certificate of Title. He then reviews the Petition and evidence, and makes a report to the Court.

The necessary parties are served and then the matter is brought before the Court. The Examiner signs the propose Order. In Sherburne County, and appearance is not needed when the Petitioners and the Examiner believe there will be no objections. (See Order Waiving Appearance).