Every person receiving a certificate of title in pursuance of a
decree of registration, and every subsequent purchaser of
registered land who takes a certificate of title for value and in
good faith, shall hold the same free from all incumbrances except
only such estates, mortgages, liens, charges and interests as may
be noted in the last certificate of title in the registrar's
office, and except any of the following rights or incumbrances
subsisting, namely:
(1) Any existing lease for a period not exceeding three
years, when there is actual occupation of the premises under the
lease.
(2) All public highways embraced in the description of the
land included in the certificates shall be deemed to be excluded
from the certificate. And any subsisting right-of-way or other
easement, for ditches or water rights, upon, over or in respect
to the land.
(3) Any tax or special assessment for which a sale of the
land has not been had at the date of the certificate of title.
(4) Such right of appeal, or right to appear and contest the
application, as is allowed by this chapter. And,
(5) Liens, claims or rights, if any, arising or existing
under the constitution or laws of the United States, and which
the statutes of this state cannot or do not require to appear of
record in the office of the county clerk and county auditor.
[1907 c 250 § 30; RRS § 10654.]