Petition of Geis

576 N.W.2d 747, 1998 Minn. App. LEXIS 349, 1998 WL 151125

Opinions

OPINION

MARTIN J. MANSUR, Judge.

This action was brought by appellants Dorothy P. Geis and Jerome A. Geis, as a proceeding subsequent to an initial registration of land, pursuant to Minn.Stat. § 508.671. Appellants requested that the trial court: (1) determine the boundary between government lot 3 (owned by appellants) and government lot 4 (owned by respondent); (2) direct the establishment of judicial landmarks on the boundary between government lots 3 and 4; and (3) direct the registrar of titles to remove any reference to a certain document from the memorial to the certificate of title. On appeal from a judgment in favor of respondent Kane, appellants argue the trial court erred in concluding their action was not properly brought as a proceeding subsequent to initial registration of land. We affirm.

FACTS

Appellants own registered land in Scott County, Minnesota, as evidenced by certificate of title number 13006 (registered land). The full legal description of the registered land is as follows:

The South 46 3/8th rods of the North Half of the Northeast Quarter; the Southeast Quarter of the Northeast Quarter Government Lot 3; and that part of Government Lot 2 lying Northerly and Westerly of the following described fines: Commencing at the Northeast corner of said Government Lot 2; thence South 89° 33’ 00” West along the North fine of said Lot 2 a distance of 191.50 feet to the point of beginning of said line; thence South 46° 32’ 54” West a distance of 558.70 feet; thence 43° 19’ 00” West a distance of 632.80 feet; thence North 89° 49’ 43” West a distance of 478.50 feet; thence South 43° 19’ 00” West a distance of 676.50 feet; .thence North 89° 43’ 33” West a distance of 324 feet more or less to the shoreline of Carls Lake (McMahon Lake) and there terminating.

SUBJECT to the rights of the State of Minnesota, if any, to the bed of McMahon Lake; not intending however, to deprive the applicant of the ownership of the bed of a non-navigable body of water; nor the usual riparian rights that attach to land riparian to a navigable public body of water, incident to the ownership thereof, and the State of Minnesota thereof shall have no right, title or interest in all that portion of said property lying above contour elevation 959.2 Scott County Minnesota Highway Datum based upon Bench Mark water table sill Southwest corner bam, Joe Shea’s having Bench Mark 989.49, based upon measurement by William Schmokel, Registered Land Surveyor of March 22, 1974.

Frank Farrell, appellants’ predecessor in title, registered appellants’ land in 1974. Pri- or to registration, Farrell had the land surveyed by William J. Schmokel, a registered land surveyor and the Scott County Survey- or. The Schmokel survey concluded that the north-south quarter line of section 36 should be extended in a straight line to McMahon Lake. This resulted in government lot 3 having no shoreline on the lake.

Respondent owns adjoining land, located in Scott County, Minnesota, legally described as East Half of Government Lot 4, Section 36, Township 114, Range 22, Scott County Minnesota. This property is abstract property and has been continuously owned by respondent’s family for approximately 100 years.

In 1994, Steven Geis approached James Kane about purchasing Government Lot 4, however, the Kane family refused' to sell. Around the same time, Steven Geis commissioned a survey of appellants’ land and hired Bruce W. Shepperd, a registered land surveyor, to conduct the survey. Shepperd concluded government lot 3 was incorrectly surveyed by Schmokel in 1974, and that government lot 3’s boundary line with lot 4 should deflect from where it intersects the meander line into the center of the lake. Based on this survey, government lot 3 would have access to the lakeshore.

Appellants brought a proceeding subsequent to the initial registration of land pursuant to Minn.Stat. § 508.671, in part to determine the boundary lines of government lots 3 and 4. Appellants requested that the trial court establish the common boundary line between government lots 3 and 4 in a manner that would provide government lot 3 with riparian rights to McMahon Lake. Although the trial court agreed appellants’ survey was correct, it concluded appellants’ action was inappropriate and denied their request to establish judicial landmarks on the boundary between government lots 3 and 4. Appellants appealed from the trial court’s judgment.

ISSUE

Did the trial court err in concluding appellants could not judicially establish the boundary lines between government lots 3 and 4 in a proceeding subsequent to initial registration of land?

ANALYSIS

On appeal from a judgment, this court’s scope of review is limited to determining whether the trial court’s factual findings are clearly erroneous and whether the trial court erred in its legal conclusions. Citizens State Bank v. Leth, 450 N.W.2d 923, 925 (Minn.App.1990). When the evidence reasonably supports the trial court’s findings, we must affirm. Hilton v. Nelsen, 283 N.W.2d 877, 881 (Minn.1979). Statutory interpretation is a question of law, which we review de novo. Hibbing Educ. Ass’n v. Public Employment Relations Bd., 369 N.W.2d 527, 529 (Minn.1985).

Registration of titles is authorized and regulated by chapter 508 of the Minnesota statutes. Konantz v. Stein, 283 Minn. 33, 37, 167 N.W.2d 1, 5 (1969). The purpose of the torrens law is to establish an indefeasible title, which is immune from future adverse claims and encumbrances not noted on the certificate. Id., 167 N.W.2d at 5; Moore v. Henricksen, 282 Minn. 509, 519, 165 N.W.2d 209, 217 (1968); In re Petition of McGinnis, 536 N.W.2d 33, 35 (Minn.App.1995), review denied (Minn. Oct. 27,1995). By affording a method of acquiring a decree of registration and a certificate of title free from all adverse claims and encumbrances not noted on the certificate, the torrens law confers a conclusive title on the holder of a certificate. Moore, 282 Minn, at 519, 165 N.W.2d at 217; see also In re Petition of Alchemedes/Brookwood, Ltd. Partnership, 546 N.W.2d 41, 42 (Minn.App.1996) (concluding persons dealing with registered property need look no further than certificate of title for any transactions that might affect land), review denied (Minn. June 7,1996).

Every person receiving a certificate of title pursuant to a decree of registration and every subsequent purchaser of registered land who receives a certificate of title in good faith and for a valuable consideration shall hold it free from all encumbrances and adverse claims, excepting only the estates, mortgages, liens, charges, and interests as may be noted in the last certificate of title in the office of the registrar, and also excepting any of the following rights or encumbrances subsisting against it, if any:

(1) liens, claims, or rights arising or existing under the laws or the constitution of the United States, which this state cannot require to appear of record;

(2) the lien of any real property tax or special assessment for which the land has not been sold at the date of the certificate of title;

(3) any lease for a period not exceeding three years when there is actual occupation of the premises thereunder;

(4) all rights in public highways upon the land;

(5) the right of appeal, or right to appear and contest the application, as is allowed by this chapter;

(6) the rights of any person in possession under deed or contract for deed from the owner of the certificate of title; and

(7) any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17.

Minn.Stat. § 508.25 (1996). Despite the conclusiveness of torrens registration, numerous sections in chapter 508 allow individuals to bring proceedings subsequent to the initial registration of land.¹

Appellants argue the trial court erred by refusing to order judicial landmarks placed on the boundary common to government lots 3 and 4 pursuant to Minn.Stat. § 508.671. We disagree.

Boundary line determinations in proceedings subsequent are- authorized and governed by Minn.Stat. § 508.671, which provides in pertinent part:

Subdivision 1. Petition. An owner of registered land may apply by a duly verified petition to the court to have all or some of the boundary lines judicially determined. The petition shall contain the full names and post office addresses of all owners of adjoining lands which are in any manner affected by the boundary determination. * * * - The owner shall have the premises surveyed by a registered land surveyor and shall file in the proceedings a plat of the survey showing the correct location of the boundary line or lines to be determined. * ⅜ *

Subd. 2. Order. Before the issuance of any final order determining the location of the owner’s boundary lines, the court shall fix and establish the boundaries and direct the establishment of judicial landmarks in the manner provided by section 559.25. The final order shall make reference to the boundary lines that have determined and to the location of the judicial landmarks that mark the boundary lines.

Minn.Stat. § 508.671 (1996). While Minn. Stat. § 508.671 provides for the determination of boundary lines after land has been registered, courts may only determine the boundary lines to land actually registered and described in the certificate of title. See Minn.Stat. § 508.06(3) (1996) (providing application for registration of land shall set forth substantially correct description of land); Minn.Stat. § 508.22 (1996) (providing every decree of registration shall bind land described in it, forever quiet title to it, and be forever binding and conclusive upon all persons) (emphasis added); see, e.g., Moore, 282 Minn, at 518-19, 165 N.W.2d at 217 (concluding failure to note prescriptive easement in registration decree is conclusive against easement).

Moreover, a court may not, in a proceeding subsequent to initial registration of land, determine boundary lines, if that determination alters the legal description of the land as stated in the certificate of title, and thereby attacks the torrens certificate. See Minneapolis & St. Louis Ry. Co. v. Ellsworth, 237 Minn. 439, 444-45, 54 N.W.2d 800, 803-04 (1952) (concluding trial court’s findings in action to determine boundary lines not erroneous because finding of location of boundary line does not attack torrens certificate and judgment does not attack torrens decree); Park Elm Homeowner’s Ass’n v. Mooney, 398 N.W.2d 643, 647 (Minn.App. 1987) (concluding appellant’s title extended to low water mark, as indicated by certificate of title, and plat of property, and therefore trial court lacked authority to grant respondent ownership rights in part of appellant’s property in derogation of torrens act). To allow courts to do so would be contrary to the underlying purposes of the torrens act. See C.S. McCrossan, Inc. v. Builders Fin. Co., 304 Minn. 538, 544, 232 N.W.2d 15, 19 (1975) (concluding purpose behind torrens registration is that certificate of title, including memorials thereon, be made conclusive evidence of all matters contained therein); Estate of Koester v. Hale, 297 Minn. 387, 393, 211 N.W.2d 778, 781-82 (1973) (concluding plain meaning of torrens provisions is that they are intended to prevent unjust enrichment that otherwise would necessarily result if purchaser of registered land obtained more land than was owned, claimed, or .possessed by predecessor in title who registered land).

Appellants ask this court to direct the trial court to establish the boundary line between government lots 3 and 4 in a manner that is consistent with the Shepperd survey. We decline to do so. The evidence before the trial court demonstrated the legal description of appellants’ property, as established in the torrens proceeding, does not include any land on government lot 4. Although appellants claim ownership of their land is based on the Shepperd survey, this survey encompasses land on government lot 4 and therefore, not included on appellants’ certificate of title. While appellants argue a judicial determination of their boundary lines would not result in taking any part of government lot 4, they offered no evidence explaining the differences between the legal description as stated in them certificate of title, and the measurements contained in the Shepperd survey, other than to urge this court they are both the same. Thus, establishing the boundary lines in a manner consistent with the Shep-perd survey would necessarily alter the legal description of appellants’ land, and therefore constitute an attack on the tor-rens certificate. Given the purposes of the torrens act and the unique facts of this case, we conclude the trial court did not err by denying appellants’ request to judicially determine boundaries. See Fidelity & Deposit Co. v. Riopelle, 298 Minn. 417, 421, 216 N.W.2d 674, 677 (1974) (concluding not all controversies arising out of ownership or claims of different parties to registered land are to be settled in summary proceeding subsequent to original registration); see also Hilton, 283 N.W.2d at 881 (concluding when evidence reasonably supports court’s findings reviewing court must affirm).

DECISION

The trial court did not err in concluding appellants’ action was not properly brought as a proceeding subsequent to initial registration of land pursuant to Mmn.Stat. § 508.671.

Affirmed.

1 . See Minn.Stat. §§ 508.44, 508.45, 508.58, 508.59, 508.62, 508.67. 508.671. 508.70. 508.71 and 508.73.