Minnesota Real Estate Deeds

A conveyance in Minnesota includes every instrument in writing by which real estate or any interest in real estate is created, assigned, alienated, or mortgaged, or by which the title to real estate may be affected in law or equity, except wills, leases for a term not exceeding three years, and powers of attorney (507.01). In Minnesota, a conveyance can be of registered lands (Torrens) or unregistered lands (abstract lands)---both are subject to the same burdens and incidents (508.02). The several forms of deeds, mortgages, and other conveyance forms are approved and recommended for use in this state (507.09). Warranty deeds and quitclaim deeds are common forms in this state.

The power to convey property in Minnesota is given to citizens, those claiming jointly, and corporations. There are several different ways to convey and hold property in this state. In Minnesota, a corporation may convey its real estate by an attorney appointed by resolution of its directors, a copy of which, certified by the corporation's clerk or secretary, may be filed with the county recorder (507.05). Restrictions on alien land ownership in Minnesota apply to agricultural land: No natural person can acquire an interest in agricultural land directly or indirectly, unless he or she is a U.S. citizen or permanent resident alien. Agricultural land in Minnesota acquired by someone other than a citizen or a permanent resident alien by devise, inheritance, or through collection of debts or enforcement of a lien or claim must be disposed of within three years after it has been acquired (500.221). The grantee in a conveyance of real property must be legally capable of receiving property. The method of conveyance in this state is determined by the owner's rights, how title is held, and the owner's intentions.

A real estate deed needs to contain the original signatures of the party executing it, and should be acknowledged by the same. Acknowledgments are required by law to be certified and must contain the original signature of the notary public or other officer taking acknowledgments. If a conveyance is executed out-of-state, it will be entitled to be recorded in this state if executed according to Minnesota laws or the laws of the state (507.24). If the owner of real property is married, no conveyance of homestead will be valid unless it contains the signatures of both spouses. Section 507.02 of the Minnesota Revised Statutes lists some exceptions to this rule. A spouse's signature can also be made by the spouse's duly appointed attorney in fact (507.02). Additional standards, as listed in section 507.093 of the Minnesota Revised Statutes, such as names that need to be included and formatting specifics, apply to the recordation of a deed in Minnesota. In this state, it is also necessary to include a Well Disclosure Certificate when submitting a real estate deed for recordation.

The recording act in Minnesota is known as a race-notice statute. This is designed to protect a later purchaser of the same real estate. A conveyance of real estate should be recorded with the county recorder in the county where the property is located. An unrecorded conveyance in this state will be void as against a subsequent purchaser in good faith and for a valuable consideration of the same real estate, or any part thereof, whose conveyance is first duly recorded, and also void as against any attachment levied thereon or a judgment lawfully obtained at the suit of any party against the person in whose name the title to such land appears of record prior to the recording of such conveyance. If the first recorded conveyance is in the form of or contains the terms of a quitclaim deed and release, this does not affect the question of good faith of the subsequent purchaser or be of itself notice to the subsequent purchaser of any unrecorded conveyance of the same real estate or any part thereof (507.34).