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Part 1 - Torrens Title Registration
§ 38-36-101. Application to Register Title - by Whom Made - Source: L. 03: p. 311, § 1. R.S. 08: §...
§ 38-36-102. Lesser Estates - When Registered - It shall not be an objection to bringing land under...
§ 38-36-103. When Tax Title May Be Registered - No title derived through sale for any tax or assessment...
§ 38-36-104. Contents of Application - Source: L. 03: p. 312, § 4. R.S. 08: §...
§ 38-36-105. What Lands May Be Joined in One Application - Any number of contiguous pieces of land in the same...
§ 38-36-106. Amendment of Application - The application may be amended only by supplemental statement in...
§ 38-36-107. Form of Application - The form of application may, with appropriate changes, be substantially...
§ 38-36-108. Application Made to District Court - Powers of Court - The application for registration shall be made to the district...
§ 38-36-109. Registrars of Titles - Rules - The county clerk and recorders of the several counties of...
§ 38-36-110. Bond of Registrar - Source: L. 03: p. 316, § 10. R.S. 08: §...
§ 38-36-111. Duties of Deputy Registrar - Vacancies - Deputy registrars shall perform all duties of the registrar in...
§ 38-36-112. Registrar Not to Practice Law - Neglect of Duty - No registrar or deputy registrar shall practice as an attorney...
§ 38-36-113. Examiner of Titles - Compensation - Oath or Affirmation - Bond - The judges of the district court in and for the...
§ 38-36-114. Nonresident Applicant to Appoint Process Agent - If the applicant is not a resident of the state...
§ 38-36-115. Filing and Service of Application - Land Registration Docket - The application shall be filed in the office of the...
§ 38-36-116. Abstract of Title Filed With Application - The applicant shall also file with the clerk, at the...
§ 38-36-117. Copy of Application Filed With County Clerk and Recorder - Lis Pendens - At the time of the filing of the application in...
§ 38-36-118. Examination of Application and Abstract - Report of Examiner - Immediately after the filing of the abstract of title, the...
§ 38-36-119. Issuance of Summons - If, in the opinion of the examiner, the applicant has...
§ 38-36-120. Parties Plaintiff and Defendant - Unknown Claimants - The applicant shall be known in the summons as the...
§ 38-36-121. Contents of Summons - Service - The summons shall be directed to the defendants and require...
§ 38-36-122. Clerk to Mail Copy of Summons and Other Notices - The clerk of the court shall also, on or before...
§ 38-36-123. Form of Summons - The summons provided for in section 38-36-121 shall be in...
§ 38-36-124. When Guardian Ad Litem Appointed - Compensation - The court shall appoint a disinterested person to act as...
§ 38-36-125. Who May Answer - Contents of Answer - Any person claiming an interest, whether named in the summons...
§ 38-36-126. Decree, When No Answer Filed - Binds Unknown Claimants - If no person appears and answers within the time named...
§ 38-36-127. Cause Set for Trial - Default - Referee Appointed - If, in any case, an appearance is entered and answer...
§ 38-36-128. Court May Order Further Proof - The court may order such other or further hearing of...
§ 38-36-129. Title Not Proper for Registration Dismissed - Applicant May Dismiss - If, in any case, after hearing, the court finds that...
§ 38-36-130. Decree of Confirmation - Effect - Appeal - If the court, after hearing, finds that the applicant has...
§ 38-36-131. When Decree May Be Opened - Source: L. 03: p. 324, § 28. R.S. 08: §...
§ 38-36-132. Action to Recover Land - Limitation - No person shall commence any proceeding for the recovery of...
§ 38-36-133. Certificate of Title Insures Freedom From Encumbrance - Exceptions - Source: L. 03: p. 325, § 30. R.S. 08: §...
§ 38-36-134. Contents of Decree - Certified Copy Filed - Every decree of registration shall bear the year, day, hour,...
§ 38-36-135. Party Acquiring Interest After Application Filed Made Defendant - Any person who takes by conveyance, attachment, judgment, lien, or...
§ 38-36-136. Registered Land to Remain Under This Article Unless Removed From Registration - To the Registrar of Titles in the County of ..............,...
§ 38-36-137. No Title by Prescription or Adverse Possession - No title to registered land in derogation of that of...
§ 38-36-138. Title to Be Registered - Register of Titles - Immediately upon the filing of the decree of registration in...
§ 38-36-139. Contents and Form of Certificate of Registration - The certificate of registration shall contain the name of the...
§ 38-36-140. Owner's Duplicate Certificate of Ownership - Signature of Owner - The registrar shall, at the time that he enters his...
§ 38-36-141. Two or More Owners - Where two or more persons are registered owners as tenants...
§ 38-36-142. Subsequent Certificates - All certificates subsequent to the first shall be in like...
§ 38-36-143. Exchange of Certificates - Platting Land - A registered owner holding one duplicate certificate for several distinct...
§ 38-36-144. When Certificate Takes Effect - The certificate of title shall relate back to and take...
§ 38-36-145. Certificates in Evidence - Variance - The original certificate in the registration book, any copy thereof...
§ 38-36-146. Indexes Kept by Registrar - Adoption of Forms - The registrar of titles, under the direction of the court,...
§ 38-36-147. Tract and Alphabetical Indexes Kept by Registrar - The registrar of titles shall keep tract indexes, in which...
§ 38-36-148. Registered Land May Be Conveyed or Encumbered - The owner of registered land may convey, mortgage, lease, charge,...
§ 38-36-149. Effect of Recording Instruments - Every conveyance, lien, attachment, order, decree, judgment of a court...
§ 38-36-150. Records - Open to Inspection - The registrar of titles shall number and note, in a...
§ 38-36-151. Duplicates - Certified Copies - Duplicates of all instruments, voluntary or involuntary, filed and registered...
§ 38-36-152. Title Not Divested - Interests Less Than Freehold - Source: L. 03: p. 331, § 49. R.S. 08: §...
§ 38-36-153. When Owner's Certificate Must Be Presented - Effect of Presentation - No new certificates of titles shall be entered, and no...
§ 38-36-154. Certified Copy of Owner's Duplicate Certificates - Source: L. 03: p. 333, § 51. R.S. 08: §...
§ 38-36-155. Mode of Conveying Registered Land - An owner of registered land conveying the same, or any...
§ 38-36-156. Certificate That Taxes Have Been Paid - Before any deed, plat, or other instrument affecting registered land...
§ 38-36-157. Registered Land Subject to Same Laws as Unregistered Land - Registered land and ownership therein shall in all respects be...
§ 38-36-158. Powers of Attorney - Any person may by attorney convey or otherwise deal with...
§ 38-36-159. Encumbrances Must Be Registered - The owner of registered land may mortgage or encumber the...
§ 38-36-160. Trust Deed Deemed a Mortgage - How Registered - Source: L. 03: p. 335, § 57. R.S. 08: §...
§ 38-36-161. Assignment, Cancellation, and Release of Mortgage - Whenever a mortgage upon which a mortgagee's duplicate has been...
§ 38-36-162. Foreclosure of Mortgage - All charges upon registered land, or any estate or interest...
§ 38-36-163. Registration of Final Decree - New Certificate Issued - In any action affecting registered land a judgment or final...
§ 38-36-164. Title Acquired by Action Registered - When Certificate Issues - Any person who has, by any action or proceeding to...
§ 38-36-165. Petition to Court for New Certificate - In all cases wherein by this article it is provided...
§ 38-36-166. Registration of Leases - Leases for registered land for a term of three years...
§ 38-36-167. How Transfer in Trust Registered - Source: L. 03: p. 338, § 64. R.S. 08: §...
§ 38-36-168. New Trustee - New Certificate - When the title to registered land passes from a trustee...
§ 38-36-169. Trustee May Apply for Registration of Land - Any trustee shall have authority to file an application for...
§ 38-36-170. Certificate of Title Number on All Filings and Registrations - In every case where a writing of any description, or...
§ 38-36-171. How Attachments, Liens, and Other Rights Enforced - All attachments, liens, and rights of every description shall be...
§ 38-36-172. Name and Address of Plaintiff's Attorney - The name and address of the attorney for the plaintiff...
§ 38-36-173. When Judgment Becomes a Lien - A judgment, decree, or order of any court shall be...
§ 38-36-174. Title Acquired by Execution - New Certificate Issued - Any person who has acquired any right, title, interest, or...
§ 38-36-175. Action Disposed of - Memorial Canceled - The certificate of the clerk of the court, in which...
§ 38-36-176. Petition and Order for New Certificate After Redemption Period - Whenever registered land is sold, and the same is by...
§ 38-36-177. When Certificate Will Issue to Heir or Devisee - The heirs at law and devisees, upon the death of...
§ 38-36-178. Sale or Mortgage of Lands in Probate - Nothing in this article shall include, affect, or impair the...
§ 38-36-179. Trustees to File Copy of Authority - Effect - An assignee for the benefit of creditors, receiver, trustee in...
§ 38-36-180. Eminent Domain - Fees - Reversion - Whenever registered land, or any right or interest therein, is...
§ 38-36-181. Issuance of New Certificate - Amendment of Duplicates - Source: L. 03: p. 343, § 78. R.S. 08: §...
§ 38-36-182. Court May Refer Application to Examiner of Titles - In all cases where, under the provisions of this article,...
§ 38-36-183. Examiner of Titles to Advise Registrar - Other Powers - Examiners of title shall, upon the request of the registrar...
§ 38-36-184. Requirements of Instruments Filed for Registration - Every writing and instrument required or permitted by this article...
§ 38-36-185. Adverse Claim - Filed - Hearing - Costs - Source: L. 03: p. 344, § 82. R.S. 08: §...
§ 38-36-186. Fees Paid Registrar Upon Registration - Disposition - Source: L. 03: p. 345, §§ 83, 84. R.S. 08:...
§ 38-36-187. Indemnity for Loss Due to Mistake or Misfeasance - Any person sustaining loss or damage through any omission, mistake,...
§ 38-36-188. Defendants to Indemnity Suit - Judgment - How Collected - Source: L. 03: p. 346, § 86. R.S. 08: §...
§ 38-36-189. When Assurance Fund Not Liable - Maximum Judgment - The assurance fund shall not be liable in any action...
§ 38-36-190. Action Must Be Brought Within Six Years - Exception - No action or proceeding for compensation for or by reason...
§ 38-36-191. Alteration of Certificate Only on Order of Court - Source: L. 03: p. 348, § 89. R.S. 08: §...
§ 38-36-192. Theft of Certificate - Certificates of title and duplicate certificates entered or issued under...
§ 38-36-193. Perjury - Whoever knowingly swears falsely to any statement required by this...
§ 38-36-194. Fraudulently Procuring Certificate a Felony - Whoever fraudulently procures, or assists in fraudulently procuring, or is...
§ 38-36-195. Forging Seal or Signature a Felony - Whoever forges, or procures to be forged, or assists in...
§ 38-36-196. Remedy Against One Criminally Liable Not Affected - No proceeding or conviction for any act declared to be...
§ 38-36-197. Docket Fees - Expenses of Publication - Source: L. 03: p. 350, § 95. R.S. 08: §...
§ 38-36-198. Fees to Be Paid Registrar - Application of Fees - Source: L. 03: pp. 350, 351, §§ 96, 97. R.S....
§ 38-36-199. Article Liberally Construed - Source: L. 03: p. 352, §§ 98, 99. R.S. 08:...
Part 2 - Torrens Conclusion
§ 38-36-201. Short Title - The short title of this part 2 is "The Conclusion...
§ 38-36-202. Definitions - As used in this part 2, unless the context otherwise...
§ 38-36-203. Registration - Adverse Instruments - On and after August 9, 2017, and before January 1,...
§ 38-36-204. Registration - Conveyance Instruments - Recording - Source: L. 2017: Entire part added, (SB 17-140), ch. 212,...
§ 38-36-205. Certificate of Title - Recording - Notice - Source: L. 2017: Entire part added, (SB 17-140), ch. 212,...
§ 38-36-206. Recording Fees - Waived - A registrar shall not charge any fees for recording a...
§ 38-36-207. New Chain of Record - Source: L. 2017: Entire part added, (SB 17-140), ch. 212,...
§ 38-36-208. Effect of Recording - Source: L. 2017: Entire part added, (SB 17-140), ch. 212,...
§ 38-36-209. Rights - Source: L. 2017: Entire part added, (SB 17-140), ch. 212,...
§ 38-36-210. Voluntary Withdrawals - At any time prior to registered land being recorded under...
§ 38-36-211. Maintenance of Records - After recording a certificate of title under section 38-36-205 or...