Item Description:
title
Authorize pilot project for registering title to abstract portions of part-Torrens residential property
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Resolution:
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BE IT RESOLVED, that the Hennepin County Board of Commissioners authorizes the Examiner of Titles and Registrar of Titles to undertake a pilot project in 2026 for voluntary registration of possessory title to the unregistered portions of tax parcels that include registered (Torrens) property; and
BE IT FURTHER RESOLVED, that an owner-occupied, residential parcel is to be chosen from each county commissioner district; and
BE IT FURTHER RESOLVED, that the recording and title examination fees for these registrations, totaling $273, be waived.
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Background:
The Examiner of Titles and Registrar of Titles propose a pilot project commencing in 2026 for the voluntary registration of the abstract portions of registered land, to reduce recording fees paid by residents, prevent title problems, improve recording efficiency, and evaluate whether this approach could be implemented on a broader scale.
Minnesota has two systems for recording real estate records: the abstract system, maintained by the County Recorder, and the Torrens system, run by the Registrar of Titles with the assistance of the Examiner of Titles. The systems use different legal standards and procedures, and documents must be filed in both offices when a property consists of both abstract and Torrens land. The chief difference between these systems is that the Torrens system provides a method for determining title to property by inspecting a single document - the certificate of title, while title to abstract property can only be evaluated by reviewing the entire chain of documents that affect title to the land. Crucially, documents filed in the Recorder's Office do not generally affect title to Torrens property, and documents filed in the Registrar of Titles' Office do not generally affect title to abstract property.
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