Minnesota Land Dispute Resolution

Summary

In Minnesota, the notice-race recording act determines priority in property claims. The Board of Education prevails due to earlier recording. A wild deed, like Hoerger to Hughes, disrupts the chain of title, affecting ownership claims. Under different recording acts, outcomes may vary.

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. Wild deeds other than misindexed deeds. -- The legal effect of a “wild deed” was litigated in Board of Education of Minneapolis v. Hughes, * N.W. * (Minn. *). With the fictional addition of the United States (to create a starting point), the transactions and recordings can be summarized as follows: Date Transaction Courthouse ?? United States to Hoerger United States to Hoerger *-*-* Hoerger to Duryea & Wilson ----------- *-*-* Duryea & Wilson to Board of Education ----------- *-*-* Duryea & Wilson to Board of Education *-*-* Hoerger to Hughes Hoerger to Hughes *-*-* Hoerger to Duryea & Wilson Which deed is the wild deed? (Can you explain why?) A. United States to Hoerger B. Hoerger to Duryea & Wilson C. Duryea & Wilson to Board of Education D. Hoerger to Hughes
The wild deed in this situation is:
D. Hoerger to Hughes
Explanation: A "wild deed" is a deed that is not connected to the chain of title as recorded in the public records, making it difficult to trace the ownership history. In this case, the deed from Hoerger to Hughes is the wild deed because it was recorded after Hoerger had already conveyed the property to Duryea & Wilson, and thus, it does not fit within the chain of title that would be discovered by a title search.