Radon is a radioactive gas that enters structures from the surrounding soil. It is a naturally occurring gas that is colorless, odorless, and tasteless. Radon is the second leading cause of lung cancer in the United States, second only to smoking, and causes more than 21,000 deaths annually in the United States. Radon is an…
Upon execution of this lease, Tenant will deposit with Landlord the sum of Dollars ($ ), which is to be held as collateral security and applied on any rent or any other charge that may remain due and owing at the expiration of this agreement, any extension thereof or holding over period or applied on any damages to the premises caused by the Tenant…
Below is a sample real estate purchase and sale agreement. This template provides an example of a document that would be used in a purchase or sale of real estate. As with any legal document, you should not use this template without consulting with an attorney licensed in your area. Sample Template REAL ESTATE PURCHASE…
Tenant is taking the Premises and accepting the condition of the Premises “AS IS” and Landlord is under no obligation to make any structural or other alterations, decoration, additions or improvements. Tenant shall not make, and shall not commence, any improvement that has not been previously approved by the Landlord.
Once zoning ordinances are established by the local legislature, it is possible to appeal the zoning decision and to subsequently try to change the local zoning ordinance. Minnesota Statute § 462.357 subdivisions 3 through 6 addresses these processes. Local property owners that are affected by a zoning ordinance may raise an appeal. Changing a local ordinance…
When is a Permit Required? One of the first steps to any successful construction project is to obtain the necessary building permits. Building permits are regulated locally and will vary depending on the town or city your project is located in. Generally, you will need a building permit for any new construction, reconstruction, or structural…
In a municipality the governing body may choose to issue a conditional use permit for certain types of developments. Minn. Stat. § 462.3595. Getting such a permit allows for a use to be specifically allowed in a zoning district as long as certain standards are met. A conditional use permit leads to land development in…
Eminent Domain & The United States Constitution Under the United States Constitution and Minnesota’s Constitution, the government has the authority to take private property. This power is called eminent domain. What this means is that the government, at any time, has a right to anyone’s property if it is determined that the government is going…
Licenses Required for Minnesota Contractors There are a number of licenses required for different activities under Minnesota Law. The best way to determine what licenses are needed for any given project is to visit the Minnesota License website at http://mn.gov/elicense/. On that website, click on “A-Z Indexes” or “Browse by Topics.” If the information there…
Subdivision platting is the process of splitting one larger piece of land into several smaller pieces of land. Generally, this plat, or map, is drawn for the purpose of selling off the smaller pieces of land. These pieces of land are frequently built upon before being sold, often by the same home builder – which…
Government agencies restrict land use through zoning requirements and other ordinances. But private entities, such as real estate developers, have their own set of tools to control what happens on their land. Covenants, easements, and licenses are three forms of agreements between private parties that dictate how the land can be used. Each can take…
Surveying land and closely examining deeds prior to purchase avoids most issues regarding property lines. Yet various legal doctrines can stand in the way of even the most careful purchase, leaving the buyer with less than what they bargained for. Prescriptive easements, adverse possession, and easements implied by preexisting use can all establish property rights,…
Minnesota Rezoning Requests Zoning is a device of land use planning used by local governments throughout the United States. The concept involves designating permitted uses of land based on mapped zones which separate one area of land uses from another. The purpose of these zones is to divide different uses of land that might be…
Generally speaking, an easement is a real property interest that gives one party the right to go onto another party’s property. The easement is a real property interest, but separate from the legal title of the owner of the underlying land. While easements can take many different forms, this section will explain two different types:…
Local ordinances establish standards for land development which regulate things such as where buildings, yards, parking lots, driveways, signs, and lighting may be placed on properties, minimum and maximum sizes, height, potential effects on adjacent properties, and aesthetics. When there are strict requirements, property owners may seek relief by following the variance process. Minn. Stat….
by Lucas Spaeth Mortgage Fraud in Minnesota Inattentive or Fraudulent Minnesota Mortgage Agents Mortgages are only offered to buyers who have sufficient assets and income to validate the risk of the loan. Agents licensed to originate mortgages are responsible for accurately reporting a potential buyer’s income and assets, to minimize the lenders’ risk. Mortgage agents…
Introduction Minnesota Statutes Section 541.023 (a/k/a the “40-year law”) has confounded attorneys since its enactment in 1943. Even among real estate practitioners, the 40-year law is somewhat of a nebulous concept. Most practitioners harbor the mistaken assumption that when one is examining title, he or she only needs to go back forty years and then…
Notice to Homeowners: Be Sure Your Contractor is Licensed Know your Rights as a Homeowner The State of Minnesota recently adopted a statewide “Contractor and Remodeler License Law.” This law is designed to protect the consumer by requiring that contractors be licensed with the State. Contractors must apply to the State, post a bond, and…
How Do I Finance a Commercial Acquisition? Finalizing a purchase agreement for the acquisition of commercial property can sometimes involve extensive negotiations and hours of work. Compiling all the business and legal terms into one document, and then making that document palatable to both the buyer and the seller, is no small feat. While oftentimes…
What is an Exclusive Use Clause? In the commercial leasing context, exclusive use clauses are a relatively common topic of conversation when landlords and tenants are negotiating a retail lease. Basically, exclusive use clauses are provisions within a lease that prohibit a landlord from leasing to another tenant for the same business purpose as the…
Commercial Leases: Rent Offsets In a typical commercial lease, a landlord has the responsibility to maintain and repair the common areas and the structural elements of the building (i.e., the parking lot, roof, lobby, common bathrooms, etc.). Unfortunately, some landlords don’t honor these obligations as scrupulously as others. For example, when the parking lot is…
In this day and age where stories of mortgage foreclosures routinely top the nightly news, it is becoming increasingly difficult for former homeowners to find a place to live. Unfortunately for borrowers, once the right to possession of the homestead is lost after the foreclosure process has been completed, it typically takes years for the…
Small Business Exemption From Rules Minn. Stat. 14.127 provides a procedure for small businesses or small cities to claim exemption from certain state rules. Under the statute, an agency must determine if the cost of complying with a proposed rule in the first year after the rule will take effect will exceed $25,000 for a…
Access To The Regulatory Process The Legislature delegates to state administrative agencies, commissions and boards, the authority to make rules to implement the laws administered and enforced by the agencies commissions and boards. (Note that the Governor has the power to veto all or part of an adopted rule.) The process by which these rules…
Using Professional Advisors Even before beginning the environmental evaluation, the entrepreneur often will decide whether to perform that evaluation himself or herself, or engage an accountant or attorney to assist him or her. Professional advisors, such as attorneys and accountants, can greatly enhance an entrepreneur’s review of a potential business. This is true for at…
Environmental Audit Program Environmental auditing is a process of examining a facility to determine how well its operations are complying with local, state and federal environmental regulations. This program encourages businesses and other organizations to conduct their own environmental audits and correct any problems they may discover. The intent of the program is to focus…
“Brownfields” Sites “Brownfield” is a term for industrial or commercial properties that are candidates for redevelopment but sit idle due to actual or suspected contamination. Cities, development agencies, counties and other groups have identified land that would be attractive to developers if information about environmental status of these sites were available. For sites where no…
“Brownfields” Sites “Brownfield” is a term for industrial or commercial properties that are candidates for redevelopment but sit idle due to actual or suspected contamination. Cities, development agencies, counties and other groups have identified land that would be attractive to developers if information about environmental status of these sites were available. For sites where no…
Properties Where Environmental Assessments Have Not Been Completed Over the past few years, it has become standard practice for those involved in land transfers to perform an environmental assessment of the property before sale. Buying or developing land, particularly in former or current industrial-use areas, can pose problems if all parties involved do not know…
Small Business Ombudsman The Small Business Ombudsman serves as a representative, or a liaison, for small businesses in their interactions with the MPCA. The Ombudsman offers the following services: confidential assistance to small businesses involving regulations and compliance; resolution of complaints or disputes involving regulations and small businesses; help in identifying funding sources to purchase…
