Torrens Title Definition 

Torrens is a system for 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. 

In Minnesota, the County Recorder is the Registrar of Titles. The Registrar is an arm of the District Court and under its control. The Registrar must examine documents presented for recording and determine that they meet the legal requirements to transfer property and issue Certificates of Title which are proof of ownership for the purchaser.

Registrar of Titles

When acting as the Registrar of Titles, the Carver County staff reviews each document before recording to determine if the document will cloud the title. This is similar to when an attorney examines an abstract for abstract property. When property is held in a trust, an estate, or is part of a court proceeding, the Examiner of Titles issues a directive to the Registrar of Titles regarding how to proceed.

The Registrar works closely with the Examiner of Titles who is appointed by the court and is an advisor to the Registrar of Titles.

Minnesota Statute Chapter 508 provides that certain instruments may not be accepted for filing by the Registrar unless certified by the Examiner (or Deputy Examiner) of pursuant to a Court Order.

History of Torrens Title

In 1858, Australia adopted a registration system for land, based on the ship registration system. In subsequent years, England, Canada, and several other countries including the United States adopted similar land registration systems.

The Torrens system was first used in the United States in 1895 in Cook County, Illinois after the Chicago fire. In 1901, Minnesota legislature enacted a statute by which land could be registered in counties with populations over 75,000 which initially included Hennepin, Ramsey, and St. Louis. In 1909, the act was amended to make the law applicable to the entire state.

20 states have experimented with the Torrens system. Eleven states currently utilize a Torrens system to a greater or lesser extent: Minnesota, Massachusetts, Colorado, Georgia, Hawaii, Illinois, New York, North Carolina, Ohio, Virginia, and Washington