1981-05-18 Report of Title Examiner

Home Browse Search

further proceedings herein, the land dencript.ion found at. P,nr:1J"1-.1J,h 1 hereof should be used. (b) Except as barred by the tax lien foreclosure under, which applicant claims title to said Lots 8, 9 and 10, Book 72 of 11Pnn,-pi11 County Records, page 3977984, entry 196, Document No. 4286289, nfrinn of the County Recorder, entry 197 and Document No. 4286290, office of the County Recorder, entry 198, said Lot 10 is owned of record by Elizabeth R. Roth_,Book 1654 of Deeds, page 275, entry 193, subject to the possible claims of the City of Orono and Albert Roth also kncwn as Albert Clarence Roth, entries 194 and 195. Except as barred by said tax lien foreclosures, said Lots 8 and 9 are owned of record by Melvin A. Abel, Book 68 of Hennepin County Records, page 375011'. entry 187. I recommend the aforesaid parties as defendants hercin. (c) The "subject clause" of the Decree should contain the following concluding statement: To a reservation by the State of Minnesota of minerals and mineral rights. (d) The Inspection Report of the County Surveyor on file herein states that a fence possibly encroaches Along the West line of Lot 10, which fence is claimed by the owner of Lot 11. Said Inspection Report further states that the occupant of Lot 11 is using a part of Lot 10 for yard purposes. According to the County Surveyor, said Lot 11 is occupied by Delilah Moschini. An examination of the County Recorder's Tract Index reveals that said Lot 11 is owri -' of record by Fudge J. Moschini and Delilah G. Moschini as J-ii,f tenants, Bcok 1736 of Deeds, page 390. There are no other interests of record as to said Lot 11. I therefore recommend said Fudge J. Moschini and Delilah G. Moschini as defendants so that there may be evidence at the hearing to support a finding in the Decree as to ether said fence and yar,- encroachments are maintained as a matte:- of right or merely at sufferance. Any encroachment which is maintained as a matter of right must be shown by an appropriate concluding statement in the "subject clause" of the Decree of Regis- tration. Applicant's attorney should ascertain the names of the occupant of said Lot 11 and if they are other than said rL,,,ord owners, such occupants should be made defendants herein.