Torrens is a system of registration of land under which, upon the landowner's application, the court may after appropriate proceedings, direct the issuance of a certificate of title. The Certificate of Title is kept in the office of the Registrar of Titles. With the "abstract system" an abstract is evidence of title. In the "Torrens System" the certificate of title is the title.
In Minnesota, the County Recorder is also the Registrar of Titles under the Torrens System. The Registrar is an arm of the district court and under the court's control. The Registrar must examine documents presented to determine if the document will cloud title, similar to when an attorney examines an abstract for abstract property. Also, determine if legal requirements of transfer are met and issue a Certificate of Title.
Examiner of Titles
The Registrar also works closely with the Examiner of Titles. The Examiner is appointed by the court and is an advisor to the Registrar of Titles. In Kandiyohi County the Examiner of Titles is Bradley J. Schmidt.
Chapter 508 of Minnesota Statutes provided that certain instruments may not be accepted for filing by the Registrar unless certified by the Examiner (or Deputy Examiner) or pursuant to a Court Order.
When property is held in trust, estate, or is part of a court proceeding, the Examiner of Titles issues a Directive to the Registrar of Titles regarding how to proceed. Please refer to the Examiner's Document List for a complete list of documents needing approval and certification by the Examiner of Titles prior to recording. Fees for approval and certification are payable to Bradley J. Schmidt, Kandiyohi County Torrens Examiner and are in addition to recording fees. See Examiner of Titles Fees for a current list of these.
We have both platted and unplatted Torrens Legal Descriptions in Kandiyohi County. For a list of these, see:
If a legal description is not found on either of the torrens property lists, it is abstract.