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04-18-1977 Planning Minutes
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04-18-1977 Planning Minutes
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;o p.M.; > ^ <br />V- <br />S t <br />•^1 <br />OFFIKf <br />S. <br />RVEY <br />H <br />MINUTES OF A PLANNING COMSSION MEETING HELD APRIL 18, 1977 - PAGE 3 <br />Somewhere along the way, they got the idea (a man by the name of <br />Top^ns developed it) that you could have a certificate of title <br />which would show everything currently pending against that property <br />|P|tovner, mortgages, liens, etc.) on one sheet of paper instead of <br />ir^ving to go back and look it up at the court house, oi else have <br />someone bring an abstract up to date; it was right here on the <br />current sheet. When you sell that piece of land or when you <br />divide it, that certificate of title is cancelled and 1 or 2, <br />or as many as you create, are made out. <br />This system has been used in Hennepin Co'jnty since 1900. Land <br />can go into the Torrens system, but it caj^'t come out. A <br />registered land survey is for torrens property or registered <br />property, but not for abstract. As the years go on, more and <br />more land in Hennepm County will become torrens or registered. <br />Every time a certificate of title is cancelled and a new one <br />is made out, it is brou^t up to date. This is why attorneys, <br />in particular, IH^e it. It is a simple matter of having to <br />look up one certificate of title (the current one), and they <br />could find everything that is against that property. <br />The question vras asked, if you had an attorney to investigate a <br />piece of properly that you were interested in buying, would they <br />do anting more than look at a torrens? Mr. Coffin responded <br />that if this was abstract property, they would give you a title <br />opinion (now you are a little out of my field). They would <br />usually ask that the abstract be brought up to date, and then <br />they can check to find any encunfcrances against the property. <br />J^ally, it is supposed to be almost foolproof. With abstract <br />wbperty sometimes you are not sure of what you are getting. <br />Coffin felt that most of the land around this area is <br />still abstract. However, each year more of it is passing <br />into the torrens system. <br />Another question: When you have an abstract brought i:q3 to <br />date, how do you get it torrens? You go through a legal <br />procedure which your attorney would handle. In that process, <br />the examiner of titles will go back and check the old chain of <br />title. Any people who might have an interest in the property <br />are notified, if possible. He could not explain all the <br />details, but Mr. Coffin felt that this process does take a <br />ni^er of months. Adjoining property owners should be served <br />with a notice by a sheriff’s deputy. <br />The Zoning Administrator stated that one of our problems with <br />an RLS rather than the plat is that on a plat you can indicate <br />all the easements, etc., md on an RLS we can't. Mr. Coffin <br />said that this wasn't entirely correct. On a record plat, <br />the surveyor is permitted, by law, to only show drainage or <br />utility easements. If there are previous easements on the <br />property, these are not shown on the plat. If there are <br />easements for driveway or road purposes of some kind, trail <br />elements, or any other uses such as high line poles, etc., <br />"^-.e are not shown on the plat. <br />GORDON COFFIN REPORT <br />(continued) <br />J <br />IpjiilPIPI <br />i-.r ■I :
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