piers109uk/MN-Statutes huggingface dataset:
501C.1110 TIMBER.
If a part of the principal consists of land from which merchantable timber may be removed, the net receipts from taking the timber from the land must be allocated as follows:
(1) to income to the extent that the amount of timber removed from the land during the accounting period does not exceed the rate of growth of the timber;
(2) to principal to the extent that the amount of timber removed from the land during the accounting period exceeds the rate of growth of the timber or the net receipts are from the sale of standing timber;
(3) to or between income and principal if the net receipts are from the lease of timberland or from a contract to cut timber from land owned by a trust, by determining the amount of timber removed from the land under the lease or contract and applying the rules in clause (1) or (2); or
(4) to principal to the extent that advance payments, bonuses, and other payments are not allocated pursuant to clause (1), (2), or (3).
In determining net receipts to be allocated pursuant to subdivision 1, a trustee shall deduct and transfer to principal a reasonable amount for depletion.
This section applies whether or not timber was harvested from the property before it became subject to the trust.
501C.1111 ANNUITIES, QUALIFIED AND NONQUALIFIED EMPLOYEE COMPENSATION, RETIREMENT PLANS AND OTHER PROPERTY SUBJECT TO DEPLETION.
Except as provided in sections 501C.1109 and 501C.1110, if part of the principal consists of property subject to depletion, including leaseholds, patents, copyrights, royalty rights, rights to receive payments on a contract for deferred compensation, qualified and nonqualified employer retirement plans, individual retirement accounts, and annuities, the receipts from the property must be allocated in accordance with what is reasonable and equitable in view of the interests of those entitled to income as well as of those entitled to principal. The trustee may determine the allocation based on a fixed percentage of each payment, an amortization of the inventory value of the series of payments, or, if the individual retirement account, pension, profit-sharing, stock-bonus, or stock-ownership plan consists of segregated and identifiable assets, the trustee may apply the provisions of sections 501C.1101 to 501C.1118 to the receipts in the account or plan in order to characterize the payments received during a trust accounting period. To the extent that a payment is characterized by the payer as interest or a dividend or a payment made in lieu of interest or a dividend, a trustee shall allocate it to income. The amount allocated to principal is presumed to be reasonable and equitable if it is neither substantially more nor less than the amount allowable as a deduction for depletion, amortization, depreciation, or similar costs under the Internal Revenue Code of 1986.
518.551 POSTSECONDARY EDUCATION TRUST FUND.
[Repealed, 2005 c 164 s 31; 2006 c 280 s 43]
[Renumbered 518A.50]
[Repealed, 1983 c 308 s 32]
[Repealed, 1983 c 308 s 32]
[Repealed, 1983 c 308 s 32]
[Renumbered 518A.44]
[Repealed, 2005 c 164 s 31; 2006 c 280 s 43]
[Renumbered 518A.28]
[Repealed, 2005 c 164 s 31; 2006 c 280 s 43]
The parties may agree to designate a sum of money above any court-ordered child support as a trust fund for the costs of postsecondary education.
[Renumbered 518A.38, subd 5]
[Repealed, 2005 c 164 s 31; 2006 c 280 s 43]
[Renumbered 518A.45]
[Renumbered 518A.51]
[Repealed, 1986 c 404 s 20]
[Renumbered 518A.49]
[Repealed, 1994 c 630 art 10 s 3]
[Renumbered 518A.38, subd 6]
[Renumbered 518A.66]
[Renumbered 518A.65]
[Renumbered 518A.70]
[Renumbered 518A.67]
[Renumbered 518A.68]
501C.1115 APPLICATION.
Except as specifically provided in the governing instrument, Minnesota Statutes 1988, sections 501.48 to 501.63, apply to a receipt or expense received or incurred after January 1, 1970, and before January 1, 1990, by any trust or decedent's estate whether established before or after January 1, 1970, and whether the asset involved was acquired by the trustee before or after January 1, 1970.
Except as specifically provided in the governing instrument, sections 501C.1101 to 501C.1118 apply to a receipt or expense received or incurred after December 31, 1989, by a trust or decedent's estate whether established before, on, or after January 1, 1990, and whether the asset involved or legal estate was acquired by the trustee, personal representative, legal life tenant, or remainderperson before, on, or after January 1, 1990.
501C.1114 NONTRUST ESTATES.
Sections 501C.1101 to 501C.1118 apply to nontrust estates, subject to:
(1) agreement of the parties;
(2) specific direction in the instrument creating the nontrust estates;
(3) subdivision 2; and
(4) other applicable statutes.
References in sections 501C.1101 to 501C.1118 to trusts and trustees must be read as applying to nontrust estates and to tenants and remainderpersons as the context requires.
(a) In applying sections 501C.1101 to 501C.1118 to nontrust estates, the rules in paragraphs (b) to (e) must be followed.
(b) A legal life tenant or a remainderperson who has incurred a charge for the tenant's or remainderperson's benefit without the consent or agreement of the other, shall pay the charge in full.
(c) Costs of an improvement, including special taxes or assessments representing an addition to value of property forming part of the principal that cannot reasonably be expected to outlast the legal life estate, must be paid by the legal life tenant.
(d) If the improvement can reasonably be expected to outlast the legal life estate, only a portion of the costs must be paid by the legal life tenant and the balance by the remainderperson.
(1) The portion payable by the legal life tenant is that fraction of the total found by dividing the present value of the legal life estate by the present value of an estate of the same form as that of the legal life estate but limited to a period corresponding to the reasonably expected duration of the improvement.
(2) The present value of the legal life estate must be computed by applying the federal estate tax regulations for the calculation of the value of life estates under section 2031 of the Internal Revenue Code of 1986. The federal estate tax regulations applied must be those in force on the date when the costs of the improvement are initially determined by assessment, agreement, or otherwise. No other evidence of duration or expectancy may be considered.
(e) No allowance may be made for depreciation of property held by a legal life tenant on January 1, 1990, if the life tenant was not making the allowance with respect to the property prior to January 1, 1990.
501C.1116 ASCERTAINMENT OF INCOME OR PRINCIPAL.
Sections 501C.1101 to 501C.1118 do not govern the ascertainment of what constitutes the receipt of income or principal by the estate or trust for income tax purposes.
501C.1118 SHORT TITLE.
Sections 501C.1101 to 501C.1117 may be cited as the Uniform Principal and Income Act.
501C.1201 MEMORIAL FUND.
A trust may be created for the purpose of establishing a fund for the benefit of one or more individuals with a single transfer under the Minnesota Uniform Custodial Trust Act in the manner and form provided by section 529.17. A trust authorized under this section must be created and administered and is subject to the Minnesota Uniform Custodial Trust Act.
Notwithstanding subdivision 1, after a fund has been created, additional funds may be transferred to the fund without the formalities required by chapter 529 if the transferor manifests a reasonable expression of intent to make the transfer, together with a reasonable form of delivery of the property including, but not limited to, the following:
(1) a check payable to the name of the fund and delivered to the trustee or the trustee's custodial agent;
(2) delivery of cash or tangible personal property to the trustee or to the trustee's custodial agent;
(3) delivery and recording of title of stock or other registered security in the name of the fund;
(4) delivery of a deed and acceptance of the deed by the trustee of the fund, or the recording of a deed in the name of the trustee of the fund with the applicable county recorder or registrar of titles for real property; and
(5) any other means of transfer and delivery so that a reasonable person would conclude that the transferor intended the property be titled in the name of, and used for the benefit of the beneficiaries of, the fund.
501C.1117 UNIFORMITY OF INTERPRETATION.
Sections 501C.1101 to 501C.1118 must be so construed as to effectuate their general purpose to make uniform the law of those states that enact them.
501C.1202 SUSPENSION OF THE POWER OF ALIENATION.
(a) The power of alienation is suspended if there are no persons in being who, alone or in conjunction with others, can convey an absolute fee in possession or absolute ownership of real property or absolute ownership of personal property.
(b) There is no suspension of the power of alienation by the terms of a trust or by interests in property held in trust if there is an unlimited power in one or more persons then in being to terminate the trust, by revocation or otherwise, and to acquire an absolute fee in possession or absolute ownership of the trust property.
(c) There is no suspension of the power of alienation by the terms of a trust or by interests in property held in trust if the trustee has power to sell an absolute fee in possession or absolute ownership of the trust property.
The power of alienation of property held in trust may be suspended, by the terms of the trust, for a period of not more than 21 years. During any period of suspension of the power of alienation of real property, sections 501C.0201 to 501C.0208 apply. Notwithstanding any contrary term of a trust, suspension of the power of alienation by the terms of a trust ceases after a period of 21 years, after which the trustee has the power to convey an absolute fee in possession or absolute ownership of the trust property, and to mortgage, pledge, and lease the same. A provision in the terms of a trust for forfeiture of the interest of a trustee or beneficiary if the trustee or beneficiary participates in or seeks to convey, mortgage, pledge, or lease trust property after the expiration of a 21-year period of suspension is void.
Subdivision 2 does not apply to a trust if the beneficial interests in the trust are evidenced by or constitute securities within the meaning of section 2(1) of the Securities Act of 1933, title 15, United States Code, section 77(b)(1).
Every future interest in real or personal property not held in trust is void in its creation if it might suspend the power of alienation for a period longer than a life or lives in being plus 21 years.
501C.1203 TRUSTS FORMING PART OF RETIREMENT PLANS FOR PARTICIPATING MEMBERS.
If a trust forms part of a retirement plan created by and for the benefit of self-employed persons for the purpose of receiving their contributions and investing, accumulating, and distributing to the persons or their beneficiaries the corpus, profits, and earnings of the trust in accordance with the plan, the power of a person beneficially interested in the trust to sell, assign, or transfer that beneficial interest, to anticipate payments under the plan, or to terminate the trust, may be limited or withheld in accordance with the provisions of the plan, whether or not the person furnished consideration for the creation of the trust.
501C.1204 TRUSTS NOT AFFECTED.
Notwithstanding other law to the contrary, a trust created before June 1, 1973, relating to one's "minority" or "majority" or other related terms is governed by the definitions of those terms existing at the time of the creation of the trust.
518.582 PROCEDURE FOR VALUING PENSION BENEFITS OR RIGHTS.
Each court of this state that has jurisdiction to decide marriage dissolution matters may appoint a qualified person experienced in the valuation of pension benefits and rights to function as an expert witness in valuing pension benefits or rights.
A court appointed actuary shall determine the present value of pension benefits or rights that are marital property of the parties to the action based on the applicable plan documents of the pension plan and the applicable actuarial assumptions specified for use in calculating optional annuity forms by the pension plan or for funding the pension plan, if reasonable, or as specified by the court. The court appointed actuary shall report to the court and to the parties the present value of the pension benefits or rights that are marital property.
The court appointed actuary may be compensated at a rate established by the court. The compensation of the court appointed actuary shall be allocated between the parties as the court directs.
In lieu of valuing pension benefits or rights through use of the court appointed actuary, the parties may stipulate the present value of pension benefits or rights that are marital property.
501C.1207 EFFECT OF DISSOLUTION OF MARRIAGE.
If after execution of a trust instrument in which a sole settlor reserves a power to alter, amend, revoke, or terminate the provisions of the trust, the settlor's marriage is dissolved or annulled, the dissolution or annulment revokes any disposition, provision for beneficial enjoyment or appointment of property made by the trust instrument to a settlor's former spouse, any provisions conferring a general or special power of appointment on the former spouse and any appointment of the former spouse as trustee, unless the trust instrument expressly provides otherwise.
Property prevented from passing to a former spouse because of revocation by dissolution or annulment of marriage passes as if the former spouse died on the date of the entry of the judgment and decree dissolving or annulling the settlor's marriage and other provisions conferring some power or office on the former spouse are interpreted as if the former spouse died on the date of the entry of the judgment and decree dissolving or annulling the settlor's marriage.
If provisions are revoked solely by this section, they are revived by the settlor's remarriage to the former spouse. For purposes of this chapter, dissolution of marriage includes divorce. A decree of separation which does not terminate the status of spouses is not a dissolution of marriage for purposes of this section. No change of circumstances other than as described in this section revokes a trust instrument.
501C.1208 SETTLOR AND AGENTS OF SETTLOR.
If a trust instrument reserves to the settlor, in a nonfiduciary capacity, the control over any or all investment decisions, the trustee is not responsible for the investment decisions made by the settlor or an agent of the settlor.
501C.1301 UNIFORMITY OF APPLICATION AND CONSTRUCTION.
In applying and construing sections 501C.0101 to 501C.1014, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
501C.1302 ELECTRONIC RECORDS AND SIGNATURES.
The provisions of sections 501C.0101 to 501C.1208 governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of section 102 of the Electronic Signatures in Global and National Commerce Act, United States Code, title 15, section 7002, and supersede, modify, and limit the requirements of the Electronic Signatures in Global and National Commerce Act.
501C.1303 SEVERABILITY.
If any provision located in sections 501C.0101 to 501C.1208 or their application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of any provision located in sections 501C.0101 to 501C.1208 which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
518.612 INDEPENDENCE OF PROVISIONS OF DECREE OR TEMPORARY ORDER.
Failure by a party to make support payments is not a defense to:
(1) interference with parenting time; or
(2) without the permission of the court or the other parent, removing a child from this state.
Interference with parenting time or taking a child from this state without permission of the court or the other parent is not a defense to nonpayment of support. If a party fails to make support payments, interferes with parenting time, or removes a child from the state without permission of the court or the other parent, the other party may petition the court for an appropriate order.
501C.1304 APPLICATION TO EXISTING RELATIONSHIPS.
(a) Except as otherwise provided in sections 501C.0101 to 501C.1208:
(1) sections 501C.0101 to 501C.1208 apply to all trusts created before, on, or after January 1, 2016;
(2) sections 501C.0101 to 501C.1208 apply to all judicial proceedings concerning trusts commenced on or after January 1, 2016;
(3) sections 501C.0101 to 501C.1208 apply to judicial proceedings concerning trusts commenced before January 1, 2016, unless the court finds that application of a particular provision of this chapter would substantially interfere with the effective conduct of the judicial proceedings or unfairly prejudice the rights of the parties;
(4) any rule of construction or presumption provided in sections 501C.0101 to 501C.1208 apply to trust instruments executed before January 1, 2016, unless there is a clear indication of a contrary intent in the terms of the trust; and
(5) an act or omission that occurs before January 1, 2016, is not affected by sections 501C.0101 to 501C.1208.
(b) If a right is acquired, extinguished, or barred upon the expiration of a prescribed period that has commenced to run under any other statute before January 1, 2016, that statute continues to apply to the right even if it has been repealed or superseded.
518.62 TEMPORARY MAINTENANCE.
Temporary maintenance and temporary support may be awarded as provided in section 518.131. The court may also award to either party to the proceeding, having due regard to all the circumstances and the party awarded the custody of the children, the right to the exclusive use of the household goods and furniture of the parties pending the proceeding and the right to the use of the homestead of the parties, exclusive or otherwise, pending the proceeding. The court may order either party to remove from the homestead of the parties upon proper application to the court for an order pending the proceeding.
518.63 HOMESTEAD, OCCUPANCY.
The court, having due regard to all the circumstances and the custody of children of the parties, may award to either party the right of occupancy of the homestead of the parties, exclusive or otherwise, upon a final decree of dissolution or legal separation or proper modification of it, for a period of time determined by the court. An award of the right of occupancy of the homestead, whether exclusive or otherwise, may be in addition to the maximum amounts awarded under sections 518.58, 518A.53, and 518A.63.
518.66 POWER OF COURT NOT LIMITED.
Nothing contained in this chapter or chapter 518A shall be construed as limiting the power of the court in appropriate cases to make adequate provision for the support and education of any children of the parties to any dissolution, legal separation or annulment action where such dissolution, legal separation or annulment is denied.
518.65 PROPERTY; SALE, PARTITION.
In order to effect a division or award of property as is provided by section 518.58, the court may order property sold or partitioned. Personal property may be ordered sold in the manner directed by the court, and real estate may be partitioned in the manner provided by Minnesota Statutes 1949, chapter 558.
505.01 PLATS, DONATIONS, PURPOSE, DEFINITIONS.
Plats of land may be made in accordance with the provisions of this chapter, and, when so made and recorded, every donation of a park to the public shall operate to convey the fee of all land so donated, for the uses and purposes named or intended, with the same effect, upon the donor and the donor's heirs, and in favor of the donee, as though such land were conveyed by warranty deed. Land donated for any public use in any municipality shall be held in the corporate name in trust for the purposes set forth or intended. A street, road, alley, trail, and other public way dedicated or donated on a plat shall convey an easement only. Easements dedicated or donated on a plat shall convey an easement only.
A plat prepared and recorded in accordance with this chapter may be used to:
(1) indicate the dedication of easements for public ways, utility easements, and drainage easements as necessary for orderly development;
(2) depict one or more parcels for the purpose of simplifying legal descriptions; or
(3) comply with minor subdivision procedures of a local unit of government.
(a) "Block" means a tract of land consisting of one or more lots, as identified on the plat, and bounded by plat boundaries, public ways, outlots, parks, or bodies of water.
(b) "Drainage easement" means an easement for the purpose of controlling, preserving, and providing for the flow or storage of water.
(c) "Lot" means a tract of land which is all or part of a block and is identified on the plat.
(d) "Minor subdivision procedure" means an approval process that a local unit of government may adopt under this chapter for simple land divisions.
(e) "Outlot" means a tract of land identified by a capital letter and is land that is not part of a block.
(f) "Plat" means a delineation of one or more existing parcels of land drawn to scale showing all data as required by this chapter, depicting the location and boundaries of lots, blocks, outlots, parks, and public ways.
(g) "Plat monument" means a durable magnetic marker placed at all locations required by this chapter or other locations as shown on the plat.
(h) "Public way" means a thoroughfare or cul-de-sac which provides ingress and egress to the public.
(i) "Survey line" means a monumented reference line that is not a boundary.
(j) "Utility easement" means an easement conveyed, granted, or dedicated to the public for utility purposes.
(k) "Water boundary" means the shore or margin of lakes, ponds, rivers, creeks, streams, drainage ditches, or swamps, which forms a boundary of or within the plat.
(l) "Wet land" means all rivers, streams, creeks, drainage ditches, lakes, ponds, and swamps.
(m) "Witness monument" means a plat monument placed at an identified distance and direction from a corner that is in a physical location that is not practical to monument.
507.01 CONVEYANCE AND PURCHASER.
The word "purchaser," as used in this chapter, embraces every person to whom any estate or interest in real estate is conveyed for a valuable consideration and every assignee of a mortgage, lease, or other conditional estate. The word "conveyance," as so used, includes every instrument in writing whereby any interest in real estate is created, aliened, mortgaged, or assigned or by which the title thereto may be affected in law or in equity, except wills, leases for a term not exceeding three years, and powers of attorney.
518E.101 SHORT TITLE.
This chapter may be cited as the "Uniform Deployed Parents Custody and Visitation Act."
507.02 CONVEYANCES BY SPOUSES; POWERS OF ATTORNEY.
If the owner is married, no conveyance of the homestead, except a mortgage for purchase money under section 507.03, a conveyance between spouses pursuant to section 500.19, subdivision 4, or a severance of a joint tenancy pursuant to section 500.19, subdivision 5, shall be valid without the signatures of both spouses. A spouse's signature may be made by the spouse's duly appointed attorney-in-fact.
Spouses who are married to each other may convey the real estate of either by their joint deed. A spouse, by separate deed, may convey any real estate owned by that spouse, except the homestead, subject to the rights of the other spouse therein; and either spouse may, by separate conveyance, relinquish all rights in the real estate so conveyed by the other spouse. Subject to the foregoing provisions, either spouse may separately appoint an attorney-in-fact to sell or convey any real estate owned by that spouse, or join in any conveyance made by or for the other spouse. Use of a power of attorney is subject to section 518.58, subdivision 1a. A minor spouse has legal capacity to join in a conveyance of real estate owned by the other spouse, so long as the minor spouse is not incapacitated because of some reason other than that spouse's minor age.
507.021 CONVEYANCES RECORDED 15 YEARS VALIDATED.
When a deed, assignment, or other instrument affecting the title to real estate shall have been filed or recorded in the office of the county recorder of any county, or in any public office authorized to receive such instrument for filing or recording, and shall have continued on record for 15 years and such instrument does not affirmatively show whether the grantor or assignor or person who executed the instrument was married such filing or recording and continuance thereof for such 15-year period shall be prima facie evidence that such grantor or assignor or person who executed the instrument was an unmarried person at the time of the making and delivery of such instrument, unless prior to January 1, 1924, any person claiming any estate in the land affected by such instrument, by, through or under such person or the person's spouse, heirs or devisees, shall commence an action to recover such estate and shall file a notice of lis pendens at the time of the commencement of the action in the office of the county recorder in the county where such land is situated.
518E.103 REMEDIES FOR NONCOMPLIANCE.
In addition to other remedies under law of this state other than this chapter, if a court finds that a party to a proceeding under this chapter has acted in bad faith or intentionally failed to comply with this chapter or a court order issued under this chapter, the court may assess reasonable attorney fees and costs against the party and order other appropriate relief.
504B.101 DISTRESS FOR RENT.
The remedy of distress for rent is abolished.
518D.101 SHORT TITLE.
This chapter may be cited as the "Uniform Child Custody Jurisdiction and Enforcement Act."
519.01 SEPARATE LEGAL EXISTENCE.
Women shall retain the same legal existence and legal personality after marriage as before, and every married woman shall receive the same protection of all her rights as a woman which her husband does as a man, including the right to appeal to the courts in her own name alone for protection or redress.
518F.01 SHORT TITLE.
This chapter may be cited as the "Uniform Recognition and Enforcement of Canadian Orders for Protection Act."
510.01 HOMESTEAD DEFINED; EXEMPT; EXCEPTION.
The house owned and occupied by a debtor as the debtor's dwelling place, together with the land upon which it is situated to the amount of area and value hereinafter limited and defined, shall constitute the homestead of such debtor and the debtor's family, and be exempt from seizure or sale under legal process on account of any debt not lawfully charged thereon in writing, except such as are incurred for work or materials furnished in the construction, repair, or improvement of such homestead, or for services performed by laborers or servants and as is provided in section 550.175.
519A.01 APPLICATION.
This chapter applies to the disposition at death of the following property acquired by a married person:
(1) all personal property, wherever situated:
(i) which was acquired as or became, and remained, community property under the laws of another jurisdiction; or
(ii) all or the proportionate part of that property acquired with the rents, issues, or income of, or the proceeds from, or in exchange for, or traceable to, that community property; and
(2) all or the proportionate part of any real property situated in Minnesota which was acquired with the rents, issues, or income of, the proceeds from, or in exchange for, property acquired as or which became, and remained, community property under the laws of another jurisdiction, or property traceable to that community property.
508.01 REGISTRATION.
Real estate in this state may be registered under the provisions of this chapter in the manner herein provided.
507.03 PURCHASE-MONEY MORTGAGE; NONJOINDER OF SPOUSE.
When a married individual purchases real property during marriage and mortgages the real property to secure the payment of the purchase price or any portion of it, the other spouse shall not be entitled to any inchoate, contingent, or marital property right or interest in the real property as against the mortgagee or those claiming under the mortgagee even though the other spouse did not join in the mortgage. A statement in the mortgage to the effect that the mortgage is a purchase money mortgage constitutes prima facie evidence of that fact.
If any portion of the money secured by the mortgage is used for the payment of the purchase price of the real property or any portion of it, the entire mortgage debt shall be deemed purchase money within the meaning of this section, except that any money used to pay off the balance owing under a contract for deed under which the purchaser has the right to possession of the property shall not be deemed purchase money under this section.
This section applies to every purchase-money mortgage regardless of when it was granted or created, except that this section does not affect an action or proceeding involving the validity or enforceability of a purchase money mortgage if:
(1) the action or proceeding is pending as of August 1, 2004, or is commenced before August 1, 2005; and
(2) a notice of the pendency of the action or proceeding is recorded or filed before August 1, 2005, in the office of the county recorder or registrar of titles of the county to which the property affected by the action or proceeding is located.
508A.01 REGISTRATION; PURPOSE; DEFINITION.
The procedures for registration under sections 508A.01 to 508A.85 provide an alternative to registration under chapter 508, and are intended for uncontested titles. Upon the written recommendation of the county recorder, the county board of county commissioners of any county, by resolution, may authorize the possessory title to real estate in that county to be registered in accordance with the provisions of and in the manner provided in sections 508A.01 to 508A.85. The resolution of the county board may limit the registration of possessory title to real estate to cases in which the applicant owns a tract of land of which a portion has already been registered pursuant to chapter 508.
The purpose of sections 508A.01 to 508A.85 is to provide a voluntary procedure for registration of certain possessory estates in land with certainty, at reasonable cost and speed, and without the necessity for the initial adjudication required by chapter 508, and to provide for initial registration of land under a certificate of possessory title ("CPT"). Upon the expiration of five years from the date of the first CPT, the registrar of titles shall cancel the CPT and issue a certificate of title as provided in section 508A.85, subdivisions 2 and 3.
For the purposes of sections 508A.01 to 508A.85, the term "possessory estate in land" means a fee simple estate held by an owner who (1) has been found on examination by the examiner of titles pursuant to section 508A.13 to be the record owner of the land described; and (2) has satisfied the examiner of titles that the owner is in actual or constructive possession of the land described.
504B.111 WRITTEN LEASE REQUIRED; PENALTY.
A landlord of a residential building with 12 or more residential units must have a written lease for each unit rented to a residential tenant. The written lease must identify the specific unit the residential tenant will occupy before the residential tenant signs the lease. Notwithstanding any other state law or city ordinance to the contrary, a landlord may ask for the tenant's full name and date of birth on the lease and application. A landlord who fails to provide a lease, as required under this section, is guilty of a petty misdemeanor.
505.04 REAL ESTATE TAXES; RECORDING; COPIES.
Every plat, when duly certified, signed, and acknowledged, as provided in section 505.021, and upon presentation of a certificate from the authorized county official that the current year's taxes have been paid, shall be recorded in the office of the county recorder or registrar of titles, or both, if the plat contains both nonregistered and registered property. All copies required by the county shall be exact transparent reproducible copies prepared in accordance with section 505.021, subdivision 1. The official plat and any copies maintained in county offices shall be open to inspection by the public. Upon request of the county auditor of the county wherein the land is situated, the county recorder or registrar of titles shall cause a reproduction copy of the official plat, or of the exact copy, to be made and filed with the county auditor, at the expense of the county.
519A.02 REBUTTABLE PRESUMPTIONS.
In determining whether this chapter applies to specific property, the following rebuttable presumptions apply:
(1) property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as or to have become, and remained, property to which this chapter applies; and
(2) real property situated in Minnesota and personal property wherever situated acquired by a married person while domiciled in a jurisdiction under whose laws property could not then be acquired as community property, title to which was taken in a form which created rights of survivorship, are presumed to be property to which this chapter does not apply.
513.01 NO ACTION ON AGREEMENT.
No action shall be maintained, in either of the following cases, upon any agreement, unless such agreement, or some note or memorandum thereof, expressing the consideration, is in writing, and subscribed by the party charged therewith:
(1) every agreement that by its terms is not to be performed within one year from the making thereof;
(2) every special promise to answer for the debt, default or doings of another;
(3) every agreement, promise, or undertaking made upon consideration of marriage, except mutual promises to marry;
(4) every agreement, promise or undertaking to pay a debt which has been discharged by bankruptcy or insolvency proceedings.
518E.104 JURISDICTION.
(a) A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under chapter 518D.
(b) If a court has issued an order regarding custodial responsibility pursuant to sections 518E.301 to 518E.311, the residence of the deploying parent is not changed by reason of the deployment for the purposes of chapter 518D during the deployment.
(c) If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement pursuant to sections 518E.201 to 518E.205, the residence of the deploying parent is not changed by reason of the deployment for the purposes of chapter 518D.
(d) If a court in another state has issued an order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of chapter 518D.
(e) This section does not prevent a court from exercising temporary emergency jurisdiction under chapter 518D.
519.02 PROPERTY RIGHTS.
All property, real, personal, and mixed, and all choses in action, owned by any woman at the time of her marriage, shall continue to be her separate property, notwithstanding such marriage; and any married woman, during coverture, may receive, acquire, and enjoy property of every description, and the rents, issues, and profits thereof, and all avails of her contracts and industry, free from the control of her spouse, and from any liability on account of his debts, as fully as if she were unmarried.
508.02 REGISTERED LAND; SAME INCIDENTS AS UNREGISTERED; NO ADVERSE POSSESSION.
Registered land shall be subject to the same burdens and incidents which attach by law to unregistered land. This chapter shall not operate to relieve registered land or the owners thereof from any rights, duties, or obligations incident to or growing out of the marriage relation, or from liability to attachment on mesne process, or levy on execution, or from liability to any lien or charge of any description, created or established by law upon the land or the buildings situated thereon, or the interest of the owner in such land or buildings. It shall not operate to change the laws of descent or the rights of partition between cotenants, or the right to take the land by eminent domain. It shall not operate to relieve such land from liability to be taken or recovered by any assignee or receiver under any provision of law relative thereto, and shall not operate to change or affect any other rights, burdens, liabilities, or obligations created by law and applicable to unregistered land except as otherwise expressly provided herein. No title to registered land in derogation of that of the registered owner shall be acquired by prescription or by adverse possession, but the common law doctrine of practical location of boundaries applies to registered land whenever registered. Section 508.671 shall apply in a proceedings subsequent to establish a boundary by practical location for registered land.
515.01 CITATION.
Sections 515.01 to 515.29 shall be known and may be cited as the "Minnesota Condominium Act."
508A.02 REGISTERED, UNREGISTERED LAND SUBJECT TO SAME INCIDENTS.
Land registered under sections 508A.01 to 508A.85 shall be registered subject to the rights of persons in possession, if any, and rights which would be disclosed by a survey, except that no title in derogation of that of the registered owner shall be acquired by prescription or adverse possession after the date of the first CPT; otherwise, land registered under sections 508A.01 to 508A.85 shall be subject to the same rights, protections, burdens, and incidents which attach by law to lands as provided in section 508.02. The common law doctrine of practical location of boundaries applies to property registered under sections 508A.01 to 508A.85 whenever registered. Section 508.671 shall apply in a proceedings subsequent to establish a boundary by practical location for property registered under sections 508A.01 to 508A.85.
District court jurisdiction for all proceedings subsequent to the initial CPT shall be as provided in chapter 508.
510.02 AREA AND VALUE; HOW LIMITED.
The homestead may include any quantity of land not exceeding 160 acres. The exemption per homestead, whether the exemption is claimed by one or more debtors, may not exceed $510,000 or, if the homestead is used primarily for agricultural purposes, $1,275,000, exclusive of the limitations set forth in section 510.05.
The dollar amounts in subdivision 1 must change periodically in the manner provided for under section 550.37, subdivision 4a. The commissioner of commerce shall include the changes in the dollar amounts as part of the announcement and publication made under those provisions.
507.04 CONVEYANCE OF PROTECTED PERSON'S REAL PROPERTY.
Except as otherwise provided by this section, if a protected person's right to convey an interest in real property is restricted under sections 524.5-401 to 524.5-433, no conveyance of the interest is effective unless ordered by the court pursuant to section 524.5-418. A conveyance of an interest in real property owned by the spouse of a protected person remains subject to the marital rights of the protected person unless the protected person's conservator joins in the conveyance on behalf of the protected person pursuant to a court order under section 524.5-418. This section does not revive marital rights in real property extinguished as part of a property agreement or settlement between the spouses approved by a court of competent jurisdiction, including but not limited to a valid prenuptial or postnuptial agreement, a legal separation, or any other court approved division of assets between the spouses.
MS 2002 [Repealed by amendment, 2003 c 12 art 2 s 5]
MS 2002 [Repealed by amendment, 2003 c 12 art 2 s 5]
MS 2002 [Repealed by amendment, 2003 c 12 art 2 s 5]
In all cases where the court under section 524.5-418 has ordered a conveyance of the interest in real property owned by a protected person or has ordered a protected person's joinder in the conveyance of an interest in real property owned by the protected person's spouse, the conveyance includes the inchoate interest of the protected person in any share or part of the real property owned by the protected person's spouse whether or not specifically mentioned in the proceedings or conveyance.
No conveyance of the homestead is valid unless each spouse or the duly authorized legal representative of each spouse joins in the conveyance by joint deed or by separate deeds.
518E.105 NOTIFICATION REQUIRED OF DEPLOYING PARENT.
(a) Except as otherwise provided in paragraph (d) and subject to paragraph (c), a deploying parent shall notify in a record the other parent of a pending deployment not later than seven days after receiving notice of deployment unless reasonably prevented from doing so by the circumstances of service. If the circumstances of service prevent giving notification within the seven days, the deploying parent shall give the notification as soon as reasonably possible.
(b) Except as otherwise provided in paragraph (d) and subject to paragraph (c), each parent shall provide in a record the other parent with a plan for fulfilling that parent's share of custodial responsibility during deployment. Each parent shall provide the plan as soon as reasonably possible after notification of deployment is given under paragraph (a).
(c) If a court order currently in effect prohibits disclosure of the address or contact information of the other parent, notification of deployment under paragraph (a), or notification of a plan for custodial responsibility during deployment under paragraph (b), may be made only to the issuing court. If the address of the other parent is available to the issuing court, the court shall forward the notification to the other parent. The court shall keep confidential the address or contact information of the other parent.
(d) Notification in a record under paragraph (a) or (b) is not required if the parents are living in the same residence and both parents have actual notice of the deployment or plan.
(e) In a proceeding regarding custodial responsibility, a court may consider the reasonableness of a parent's efforts to comply with this section.
518F.02 DEFINITIONS.
For the purposes of this chapter, the following terms have the meanings given them.
"Canadian order for protection" means a civil protection order, judgment or part of a judgment, or other order issued in a civil proceeding by a court of Canada under law of the issuing jurisdiction that relates to domestic abuse, would be a protective order under this chapter, and prohibits a respondent from:
(1) committing acts of domestic abuse;
(2) being in physical proximity to a protected individual or following a protected individual;
(3) having contact with the petitioner whether in person, by telephone, mail, or email or messaging, through a third party, or by any other means;
(4) being within a certain distance of a specified place or location associated with a protected individual; or
(5) molesting, annoying, harassing, or engaging in threatening conduct directed at a protected individual.
"Domestic abuse" has the meaning given in section 518B.01, subdivision 2, paragraph (a).
"Issuing court" means the court that issues a Canadian order for protection.
"Order for protection" means an order issued under section 518B.01.
"Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph (c).
"Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
"Protected individual" means an individual protected by a Canadian order for protection.
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
"Respondent" means an individual against whom a Canadian order for protection is issued.
514.01 MECHANICS, LABORERS AND MATERIAL SUPPLIERS.
Whoever performs engineering or land surveying services with respect to real estate, or contributes to the improvement of real estate by performing labor, or furnishing skill, material or machinery for any of the purposes hereinafter stated, whether under contract with the owner of such real estate or at the instance of any agent, trustee, contractor or subcontractor of such owner, shall have a lien upon the improvement, and upon the land on which it is situated or to which it may be removed, that is to say, for the erection, alteration, repair, or removal of any building, fixture, bridge, wharf, fence, or other structure thereon, or for grading, filling in, or excavating the same, or for clearing, grubbing, or first breaking, or for furnishing and placing soil or sod, or for furnishing and planting of trees, shrubs, or plant materials, or for labor performed in placing soil or sod, or for labor performed in planting trees, shrubs, or plant materials, or for digging or repairing any ditch, drain, well, fountain, cistern, reservoir, or vault thereon, or for laying, altering or repairing any sidewalk, curb, gutter, paving, sewer, pipe, or conduit in or upon the same, or in or upon the adjoining half of any highway, street, or alley upon which the same abuts.
519A.03 DISPOSITION UPON DEATH.
Upon the death of a married person, one-half of the property to which this chapter applies is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the laws of succession of Minnesota. The other one-half of that property is the property of the decedent and is subject to testamentary disposition or distribution under the laws of succession of Minnesota. With respect to property to which this chapter applies, the one-half of the property which is the property of the decedent is not subject to the surviving spouse's right to elect against the will and is not included in the decedent's net estate which is subject to the elective share of the surviving spouse.
519.03 RESPONSIBLE FOR TORTS AND BOUND BY CONTRACT.
Every married woman is bound by her contracts and responsible for her torts, and her property shall be liable for her debts and torts to the same extent as if unmarried. She may make any contract which she could make if unmarried, and shall be bound thereby, except that every conveyance and contract for the sale of her real estate or any interest therein, shall be subject to and governed by the provisions of section 507.02.
518D.103 PROCEEDINGS GOVERNED BY OTHER LAW.
This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
505.05 CERTAIN STATUTORY CITY PLATS DECLARED OFFICIAL.
In all cases in which numerous plats have been made or recorded between the 15th day of September, A.D. 1887, and the 15th day of January, A.D. 1904, the last plat made and recorded and affecting a particular statutory city is hereby declared to be, and is hereby made, the official plat of the particular statutory city to which it relates.