Our real estate lawyers represent developers, investors, lenders, businesses and individuals in the acquisition, development, financing, sale and leasing of real estate. Our full service practice allows us to offer counsel to clients regarding the various permitting, land use, environmental, and property tax issues that may arise during a real estate transaction. Our lawyers frequently assist in negotiating and planning the structure of complex transactions, including legal analysis and documentation.

Who is the Examiner of Titles?

To assist with the operation of the Torrens system, Minnesota Statutes requires the District Court to appoint an Examiner of Titles. Kimberly Literovich is the Blue Earth County Examiner of Titles and Jeremy Berg is the Brown County Examiner. The job of the Examiner is to assist the District Courts in the original Registration and some subsequent title matters and provide guidance to the Registrar of Titles.

In limited cases, partly determined by statute and partly through custom, the Examiner can direct the transfer of property where there might otherwise be a problem. For example, Summary Real Estate Disposition Judgments, Trusts, Powers of Attorney for a registered owner, can sometimes cause problems for the Registrar of Titles. The Examiner of Titles is authorized by statute to issue Certifications and Directives to the Registrar to assist with title transfer.

The fees for the Examiner of Titles work are paid by the property owner. Information on when an Examiner’s action is required and a Fee Schedule can be found here:

Blue Earth County Examiner of Titles Requirements

Brown County Examiner of Titles Requirements

Abstract or Torrens?

There are two ways to index, title, and identify ownership of real property in Minnesota, Abstract and Torrens. Abstract is the most common. Under the Abstract system, documents are recorded with the County Recorder. Historically an abstractor would search the County records and prepare an abstract identifying all recorded documents. The abstract is then examined to identify ownership of the property and liens and encumbrances against property. This abstract would be updated when the property was sold, or the property owner gave a mortgage to a lender. The abstract is then examined to identify ownership of the property and liens and encumbrances against property. If there is not an abstract, we will examine the County’s records to find all of the recorded documents affecting abstract property to examine title. While we rarely update an abstract, we do still prefer to review the historical information on the abstract and only search the County’s records from the last update of the abstract. This is a significant cost savings to the owner.

The Torrens system eliminates the abstract and related uncertainties. A property owner registers abstract property through a court registration action. The court determines the ownership of the property and liens and directs the Registrar of Titles to issue a Certificate of Title for the property identifying the owner, liens and encumbrances. Any documents filed against the Torrens property must indicate that the property is Torrens, and the Registrar of Titles memorializes the document on the Certificate of Title. If the property is sold, the Certificate of Title is cancelled and a new certificate is issued to the new owner.

The primary benefits of Torrens: A buyer or lender does not need to examine an abstract and the recorded records to find who owns the property, liens and encumbrances. The buyer or lender only need to review the Certificate of Title to determine ownership, liens and encumbrances. The Certificate of Title is the ultimate authority on the title to the property. The Torrens Certificate of Title is like the title to your car.

Another benefit of the Torrens system is that no one can gain ownership or easement rights through adverse possession.

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