REAL PROPERTY-TORRENS SYSTEM-PRESERVATION OF EQUITABLE EASEMENTS

Plaintiff sued to have certain lots declared free and clear of a restrictive covenant. The land was registered under a Torrens statute, but the restrictive covenant was not noted on the certificate of title. However, it was noted on a plat of the land which was referred to in the certificate of title for the purpose of identifying the location of the land. The lower court denied relief and enjoined violation of the restrictions. Held, reversed, plaintiff as a good faith purchaser for value of registered land, obtains the land free and clear of a restrictive covenant not noted on the certificate of title of the previous owner. Kane v. State, (Minn. 1952) 55 N.W. (2d) 333