More on the Meaning of “Entity”

A person is almost always defined as a legal entity in statutes, but this definition of entity is very specific:

“Chapter 105: Taxation.

Article 3.
Franchise Tax.

§ 105-114.1. Limited liability companies.
(a) Definitions. – The following definitions apply in this section:
(1) Affiliated group. – Defined in section 1504 of the Code.
(2) Capital interest. – The right under a limited liability company’s governing law to receive a percentage of the company’s assets upon dissolution after payments to creditors.
(3) Entity. – A person that is not a human being.
(4) Governing law. – The law under which a limited liability company is organized.”

On Servitude, Involuntary and Otherwise

When it comes to agreements running with the land, and any other voluntary interest in one’s property that one can give away, they are all voluntary.

The section below details precisely who has the authority to say that easements are valid.

Keep in mind, an easement to you is servience/servitude for someone else. When an entity holds an easement in relation to your property, your interest stands in subordination to that other entity.

The below wording is chosen very carefully NOT to say “Conditions (security interests, etc) are purely voluntary on the part of the one with legal title to the property.” That, however, is the substance of the section.

“Chapter 39.

Conveyances.

Article 1.

Construction and Sufficiency.

§ 39-6.4. Creation of easements, restrictions, and conditions.
(a) The holder of legal or equitable title of an interest in real property may create, grant, reserve, or declare valid easements, restrictions, or conditions of record burdening or benefiting the same interest in real property.
(b) Subsection (a) of this section shall not affect the application of the doctrine of merger after the severance and subsequent reunification of title to all of the benefited or burdened real property or interests therein. (1997-333, s. 1.)”

The law that states that to build on real property or to make addition to current structure on real property requires a permit is in the nature of an easement for the county, because it purports to prohibit certain action. Permission to do say can be obtained by asking for it and paying money to alter one’ own property. This is a servitude for the landowner/homeowner.

It is only involuntary servitude that is prohibited by the Constitution.

Land Regisitration pt. 2: The Torrens System

“Abstract vs Torrens Land

ABSTRACT LAND refers to parcels of land that have not been registered, or more commonly, land that is not “Torrens.” Prior to the enactment of the Torrens act (now Minn. Stat. §508) in 1901, all land was abstract land. The office of the county recorder accepts all instruments for recording which affect non-Torrens land. In order to determine the status of title to abstract land, in Ramsey County, private abstract companies prepare new, or continue already existing, “abstracts of title.” An abstract of title is a compilation of all of the instruments (beginning with the original grant or patent from the U.S. government) affecting the particular parcel of land under examination. The abstractor makes entries, in numerical order, of only the essential parts of each instrument shown, although sometimes the abstractor will photocopy the instrument and show it as an exhibit to the entry. In general, attorneys examine the abstract and from such an exam, issue a title opinion. Each time the title is transferred, the abstract must be continued to date and re-examined, again from the original grant or patent to the present date. Over time the abstract becomes longer, bulky and more difficult to examine.

By contrast, land which is registered or “TORRENS is governed by a specific statute, Minn. Stat. §508. One of the hallmarks of the registration proceeding is the issuance of a “certificate of title,” which effectively replaces the old “abstract of title.” In general, only those matters appearing on the certificate of title need to be examined. Immediately following the judicial hearing and signing of the decree of registration, the decree is filed with the registrar, who then issues a certificate of title in the name of the owner, subject only to all adjudicated encumbrances (and statutory exceptions).

Usually title to abstract land is registered under chapter 508 because of title defects disclosed by an examination of the abstract. However, developers or others often desire to eliminate the abstract in favor of having the more “USER-FRIENDLY” CERTIFICATE OF TITLE, as compared to the cumbersome abstract of title. Under the Torrens system, it is no longer necessary to examine, over and over again with every transaction, each instrument dating back to the U.S. government. Instead, only an examination of those matters appearing on the certificate of title must be made.

Another unique feature of the Torrens system is that all instruments are reviewed by the Torrens clerk for accuracy prior to filing, and many instruments must be certified by the examiner (or deputy examiner) before the registrar of titles may accept them for filing. See page 15 of the “Guide to the Torrens System” for a list of the type of instrument that will need prior written approval. This aspect of the Torrens system ASSURES THE ACCURACY of certain conveyances or other matters, such as adding a street vacation to the body of the certificate of title.”