Nowhere to Go but Up: Drafting a Reciprocal Easement and Operating Agreement When Using a Vertical Registered Land Survey

Posted Mar 1, 2017

Vertical registered land surveys (vertical RLSs) are valuable but underutilized tools that allow developers to divide property vertically, in a three-dimensional plane. A vertical RLS is available for Torrens property through Minnesota Statute Sections 508.47 and 508A.47. Generally, the statute provides that a registered land survey may be required where the owner of a parcel of registered land conveys a part of the property that is not already “a full government subdivision, or simple fractional or quantity part of a full government subdivision.” In such case, the registrar of titles may require the landowner to have a registered land survey done to show the tract being conveyed. If a landowner was dividing a registered property into two separate horizontal parcels, the registered land survey would show the two-dimensional division of the parcels…

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