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1340 Baldur Park Road - 08-117-23-31-0015
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Puzak-Wingerd 2011
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Last modified
8/22/2023 5:43:32 PM
Creation date
1/8/2021 8:13:38 AM
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x Address Old
House Number
1340
Street Name
Baldur Park
Street Type
Road
Address
1340 Baldur Park Rd
PIN
0811723310015
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3. Easement validity. <br /> Plaintiffs contend that the easement was not valid. Although the Court may have <br /> "conclusive evidence that there is an easement contained in the certificate, it does not preclude <br /> judicial inquiry into the validity of the easement."Nolan, at 922. When an easement is created in <br /> a deed for warranty property, "[t]he rule is that a grantee of land takes title subject to duly <br /> recorded easements which have been granted by the predecessors in title." Werner v. Sample, <br /> 259 Minn. 273, 275; 107 N.W.2d 43, 44 (Minn. 1961). Warranty property is abstract, <br /> unregistered property. The rule requiring easements to be duly recorded is to ensure notice of the <br /> document creating the easement, and guarantee a person who purchases land has "knowledge" or <br /> "actual, constructive or implied notice that it is burdened with an easement" and therefore"takes <br /> the estate subject to the easement."Nolan, at 922, citing Levine v. Twin City Red Barn No. 2. <br /> Inc., 269 Minn. 260, 264, 207 N.W.2d 739, 742 (Minn. 1973). <br /> Plaintiffs' land is warranty property. The 1948 Deed was recorded by the Hennepin <br /> County Clerk and Recorder, on May 25, 1948, as Document No. 2513998. The 1948 Deed was <br /> therefore duly recorded. Because the Deed creating the easement was duly recorded, the 1948 <br /> Deed satisfied the notice requirement, creating a legally valid easement across Lot 20. <br /> Plaintiffs contend that for the easement to be validly created on warranty property, <br /> "subject to" language could not create an easement,but only presupposed an existing easement. <br /> Plaintiffs rely on Werner, where the Minnesota Supreme Court held that a warranty deed which <br /> conveyed property "subject to easement for driveway and sewer" was insufficient to create a <br /> valid easement, stating, "Such language, of course, does not create an easement; it presupposes <br /> an existing easement." Werner, at 275. Plaintiffs' reliance on Werner is misplaced. <br /> 8 <br />
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