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Minnesota Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Minnesota on
Q: I have used my driveway for over 20 years now my neighbor says it’s on his land and I can’t use it? What can I do

The neighbor had the land surveyed and the crossing over the ditch and about 20ft of the the driveway is on their property they have also been farming about 300ft of our land on the opposite end. We have never asked or gotten permission as we thought the crossing was on our land and it is the only... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 4, 2021

It appears that you have a Boundary Dispute. You probably have the right to use the driveway by prescription, but the farming of your land could be serious adverse possession. Do not acquiesce to their farming on your land. Hire a competent MN attorney immediately. Both adjoining tracts now... Read more »

1 Answer | Asked in Real Estate Law for Minnesota on
Q: In Minnesota do I have any rights as an unmarried partner to any money I have contributed to my partners home

I have made mortgage payments, property tax payments, and added value to his home

Corwin Kruse
Corwin Kruse answered on May 23, 2021

It is possible that you could have a claim, but it would not be in the family courts.

If you have evidence of the payments, you *might* be able to prove your claim in civil court. It is also possible, however, that the payments could be viewed as “rent” in exchange for living there.

1 Answer | Asked in Contracts and Real Estate Law for Minnesota on
Q: What kind of attorney do I consult if I buy property in Mexico?

I am interested in buying a condo in Peurta Villarta.

William Bailey
William Bailey answered on Feb 1, 2021

You likely need an attorney in Mexico who handles real estate transactions. Alternatively, a real estate agent in Mexico should be able to assist you.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: Current owners in Minnesota are threatening to take legal action against us, for things happening 2 months after buying

Our buyers had their boiler go out a month after they moved in and now want us to pay for it. We owned it for 7 years and never had any issues. It was all working properly during inspection and for a month after they moved in. They are threatening legal action against us if we don’t pay them... Read more »

William Bailey
William Bailey answered on Nov 25, 2020

You should consult directly with an attorney. An attorney may even be able to help you get them to leave you alone.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: How can I purchase my property with clean title if one owners part wasn't recorded until 5 months after purchase?

There were several owners to the property I purchased. One of the owners had her deceased husbands name on that part of ownership. It is recorded that this was not changed until 5 months after it is recorded I purchased the property. Is my title and deed valid if this one owner wasn't actually... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 9, 2020

You have not clearly stated the chain of title. But without knowing more, it will be critical that your widow grantor conveyed her interest to you by warranty deed. That is because if she in fact gained title to the property after she conveyed to you, it immediately inured to your grantee... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Minnesota on
Q: How do I calculate life estate remainder interest value? Please help.

Won't let me edit main question, but please read-on... I purchased my fathers remainder interest last year at a value based on Minnesota's "Life Estate Mortality Table" which seems to be the same for all states. I fixed-up the home and am selling so will need to calculate value... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 8, 2020

Your basis in the remainder interest is what you paid for it plus any other costs of acquisition, such as recording fees and documentary transfer taxes, if any, and title and escrow fees, if any. As far as the sale price goes, it is whatever the market will bear. Consulting actuarial tables is... Read more »

1 Answer | Asked in Real Estate Law and Small Claims for Minnesota on
Q: We bought a house with water damage, had an inspection but it either missed it or it wasn’t present. What can we do?

The ceiling in the downstairs bathroom had a leak. Neither is, our realtor and our inspector saw this leak. We had the inspection in May and in July we moved in due to the current owners preference. They are refusing any compensation and I cannot prove they knew about the leak. We noticed the... Read more »

Mark William Perron
Mark William Perron answered on Apr 27, 2020

First, with regard to the inspector, you would need to look at the agreement and see if there is any language that limits the company's exposure. If there is nothing in there and the leak was obvious as to where the inspector should have known about it, you could bring a civil claim against... Read more »

1 Answer | Asked in Family Law, Real Estate Law, Civil Litigation and Civil Rights for Minnesota on
Q: Separated but married, selling house and she received 2K from buyers today. Does she need to give me half?

She is refusing to give half, is she able to do that?

Corwin Kruse
Corwin Kruse answered on Mar 4, 2020

By "separated," I assume you mean living apart, not legally separated. If you are married, you will both need to sign to transfer ownership of the house. You can refuse to sign unless you get a portion of the proceeds. I would contact the closing company and make them aware that you... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law and Construction Law for Minnesota on
Q: If someone piled grave on my lots without asking to do so do they have the right to it

The county had another company haul in gravel and pile it up on my personal lots and I knew nothing about it and now they want to lay claim to it

Tim Akpinar
Tim Akpinar answered on Oct 27, 2019

A Minnesota attorney could advise in the best manner, but your question remains open for three weeks. As a general rule in virtually any jurisdiction, the homeowner does not get a windfall from the mistake of the county or its contractor in such a situation. Most anywhere, the gravel would be... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Minnesota on
Q: Can a title be transferred to a Trust at closing after a seller has pre-signed paperwork?

The seller won't be at closing and pre-signed all paperwork but the title needs to be transferred to a trust without ever being put into the name of the buyer. It needs to go directly into a Trust. Can this be possible if the seller pre-signed?

Nina Whitehurst
Nina Whitehurst answered on Aug 24, 2019

If the seller has already signed the deed to the buyer, then no, not without having the seller sign a deed directly to the trust instead, and if you are going to do that, then there are other papers that will need to be signed and some redone as well. There needs to be an assignment of escrow from... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence, Land Use & Zoning and Real Estate Law for Minnesota on
Q: I am getting a restraining order against my neighbor, can that also stop him from using the easement on my property?

The neighbor yells threatens and swears at me often. He is upset that I did not plow his driveway this winter. ( yea he is a little not so normal ). I have had to call the cops. They want me to get a restraining order against him. If I do so can I also stop him from using an easement that runs... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Jun 25, 2019

In Minnesota, the court may grant a Petition for a Harassment Restraining Order on an ex parte, temporary basis (or might not). If it does, the Ex Parte HRO would need to be served on the Respondent. Then the Respondent would be subject to the Ex Parte HRO but would have the right to request a... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Minnesota on
Q: Is an email from a realtor enough to negate a signed contract to represent a home buyer? No home has been purchased.

My niece is a first time home buyer and has had dealing with two disreputable realtors who manipulated her into signing lengthy contracts. The first released her from the contract via email, and the second refused to submit a bid on a desirable home until she signed a contract. She made it clear... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 30, 2019

This does not sound like your problem; this sounds like your niece's problem. And since your niece's problem raises important contractual and legal questions that can injure your niece, I highly recommend that you tell your niece to consult with a real estate lawyer before she does... Read more »

1 Answer | Asked in Real Estate Law and Car Accidents for Minnesota on
Q: Can a 12 year old boy go to jail for fighting a girl for the first time
Peter N. Munsing
Peter N. Munsing answered on Apr 19, 2019

Unlikely unless there were significant injuries. However everything depends on circumstances--what do witnesses say, who started with the fighting part etc.

1 Answer | Asked in Contracts, Real Estate Law and Collections for Minnesota on
Q: In MN, Can you get out of your apartment lease with a 60 day written notice?

My boyfriend (husband now) gave his apartment complex a 60 day written notice when he decided to move in with me after not living in the apartment for a couple months. it's been 3+ years and now I see on his credit report that he has been given over to a collection agency for delinquent... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 3, 2019

You and your new husband have a very serious legal problem that cannot be solved by discussing what your husband told you was "his understanding" that all he had to do was give his prior landlord a 60 day written notice before moving out of the apartment he rented before meeting and... Read more »

1 Answer | Asked in Real Estate Law for Minnesota on
Q: Is there a way to sell my house if the other person on the title doesn't want to sell
Joseph A. Gangi
Joseph A. Gangi answered on Sep 27, 2018

Talk to a lawyer about a partition action.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: Is there a need for a title search before purchasing raw land?

Have verbally agreed to a price to purchase raw land with lake frontage. To my knowledge there has never been any improvements or structures on the property and the land has been owned by the current owners for at least 50 years.

Vincent Gallo
Vincent Gallo answered on Sep 2, 2018

You can keep your fingers crossed and hope that nothing is irregular or you can have a title search conducted and find out for yourself.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: What form do we fill out to transfer home from joint to single? Husband and wife bought a house, paid it off, divorced.

Wife continued living in home still jointly owned; ex-husband remarried and owns a home in another state. Ex-husband is terminally ill and wants first wife to own joint home outright. He is concerned that current wife would inherit his share of Minnesota home, under Pennsylvania marital property... Read more »

Stefan Dunkelgrun
Stefan Dunkelgrun answered on Aug 7, 2018

A quit-claim deed or a warranty-deed would be the way to do it

1 Answer | Asked in Real Estate Law for Minnesota on
Q: I am supposed to close on a home later this month, however wife and I filing for divorce, can I somehow cancel purchase?

Or will I be penalized in some way?

Vincent Gallo
Vincent Gallo answered on Jun 11, 2018

The terms of your contract should be able to provide you with the answer to that question.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: I purchased a house on a CFD from my parents. Could I sell the home before the balloon pymt is due? Who collects equity?

Would this be a capital gains issue for my parents? I am thinking it is a $40k gain; still have 5 years on CFD.

Joseph A. Gangi
Joseph A. Gangi answered on Jan 11, 2018

Your parents still have legal title to the property. You should check the specific language of the contract to see what you can and cannot do, and what happens in any given scenario.

1 Answer | Asked in Family Law, Real Estate Law and Estate Planning for Minnesota on
Q: how can i prove the last will and testament is not true that my estate has been taken from me by my fathers family,

this has happen in the state of arizona and how do i proceed in minnesota, how do i ubtain a legal copy of the last will and testa ment

Scott Maki
Scott Maki answered on Dec 14, 2017

Hello, Thank You for your question! Unfortunately, the work you need to do is with the Arizona court where this was handled, not in a Minnesota court. But regardless, to get started, you will need a copy of the Will. Luckily, a Will that went through probate is a matter of public record (I am... Read more »

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