Whoever conveys real estate by deed or mortgage containing a covenant that it is free from all encumbrances, when an encumbrance, whether known to the person conveying or not, appears of record to exist thereon, but does not exist in fact, shall be liable in an action of contract to the grantee, the grantee's heirs, executors, administrators, successors, or assigns, for all damages sustained in removing the same.
Minn. Stat. § 507.21
LIABILITY OF GRANTOR WHO COVENANTS AGAINST ENCUMBRANCES.
Known as the Minnesota Real Property Electronic Recording Act
The act spans §§ 507–507 (74 sections).
Applied in 1 court decision — leading case Piche v. Independent School District No. 621 (2001)
Most recently applied in Piche v. Independent School District No. 621 (August 2001)
(8212) RL s 3345; 1986 c 444
Official source: Minnesota Office of the Revisor of Statutes. Reproduced from public-domain Minnesota statutes; confirm against the official source for the current text. Not legal advice.