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Minnesota Real Estate Law Questions & Answers
2 Answers | Asked in Land Use & Zoning and Real Estate Law for Minnesota on
Q: I have shared property easement with 9 owners. One owner is blocking access on both ends trapping other owners boat lift

1 Owner is blocking access both in and out at both ends of easement and trapping others boat lifts with her lifts on both ends. She is threatening Legal action if we move her lifts to access or move ours.

Robert Kane
Robert Kane
answered on Apr 24, 2024

Initially, you and the other owners should sit down and organize your thoughts. I would think contacting the county (or other governing body) with your complaint would be next. Then you should be able to determine what remedies are available. I doubt any attorney is going to advise you to... View More

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1 Answer | Asked in Real Estate Law, Tax Law, Agricultural Law and Estate Planning for Minnesota on
Q: I'm a Minnesota resident. MN has a $3,000,000.00 estate tax exemptionCan I put Iowa farmland in a trust to get below

the exemption? The farms have been, and still are family farms now operated by my son. What kind of a trust would it have to be? Thank you

James L. Arrasmith
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answered on Mar 11, 2024

As a Minnesota resident, you can use trusts to help manage your estate and potentially reduce your estate tax liability. However, the specific type of trust and its effectiveness in reducing estate taxes will depend on various factors, such as the value of your estate, the nature of your assets,... View More

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Minnesota on
Q: In my Townhome who is responsible for deck repairs and even replacements
T. Augustus Claus
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answered on Oct 10, 2023

In Minnesota, whether the townhome association or the individual unit owner is responsible for deck repairs or replacements typically depends on the terms of the association's governing documents, like the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and Bylaws. Often,... View More

1 Answer | Asked in Real Estate Law for Minnesota on
Q: how can I put a lien on my home for mortgage payment owed from co owner?

Co own a home and the other party has paid little to nothing towards the mortgage payment

Anthony M. Avery
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answered on Sep 22, 2023

If you sue for contribution, and get a judgment, you might try to collect some other way. A judgment lien against the home is a second lien against your own property although not against you personally. Executing a lien against the home might get the mortgagee upset and you would only be... View More

1 Answer | Asked in Real Estate Law for Minnesota on
Q: Been with my girlfriend for 11 years and we built a home together but its in her name. What rights do I have. I contibut
Robert Kane
Robert Kane
answered on Aug 29, 2023

Unfortunately, you have a problem,but you are not without hope. Upon divorce the property acquired during the marriage is distributed equitably. Upon the break up of unmarried couples the property goes to whomever bought it. Her name on the title and presumably the mortgage definitely are in her... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Minnesota on
Q: Wondering about legalities on contract for deed properties

Brother in law buying farm from mother in law as contact for deed. He plans on demolishing the existing home and building a new one on the foundation. He has not paid off the property in full, so wondering if he's allowed to make these changes.

Robert Kane
Robert Kane
answered on Apr 4, 2024

A contract can provide for almost anything. The parties can also amend a contract if they want to change it.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: How do you split up a cabin after death

My family owns a cabin in Baudete Mn. 4 siblings, my dad 1/4, My uncle 1/4, 1 aunt 1/4 and other aunt 1/4 owner of the cabin, now they all have died. So my aunt gave me her 1/4, My other aunt gave her 1/4 to my uncle, my dad has his 1/4…now my dad and uncle have just died, so we are in a... View More

Robert Kane
Robert Kane
answered on Mar 25, 2024

The are different ways to address this situation, but more information is required. Forgive me, but an analysis of ownership rights based on your specific presentation would time consuming and not something apt for a free online Q and A. I suggest you begin by researching "partition."

1 Answer | Asked in Real Estate Law for Minnesota on
Q: Can a person purchase a home anonymously and if so how can ownership be proven?

Our family home, a contemporary in excellent condition, was estimated to be worth 395-425k

At the time of my mother's death Zillow value was 410k The sibling executor of the trust sold the home for 249k to a flipper without conferring with other siblings, or putting it on the... View More

Anthony M. Avery
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answered on Jan 5, 2024

Hire a competent MN attorney to search the title. Then examine possible remedies.

1 Answer | Asked in Family Law and Real Estate Law for Minnesota on
Q: How to find it a sibling executor of estate anonymously bought the family home

Sibling executor in CO surreptitiously sold family home in WI without conferring with siblings, or putting it on the market. Sale was handled by her son a commercial real estate agent not licensed in WI and sold for 125k under market value to commercial flipper. Sibling refuses to explain... View More

Robert Kane
Robert Kane
answered on Aug 5, 2023

This seems like it needs to be addressed in CO and/or WI.

2 Answers | Asked in Foreclosure and Real Estate Law for Minnesota on
Q: Does a mortgage lien trump a gift letter

Both a mortgage lien was agreed upon both parties with no promissory note; however also a gift letter was signed. Is the mortgage lien still valid with no promissory note

Robert Kane
Robert Kane
answered on Aug 1, 2023

A letter acknowledging a gift of real property will have little value.

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Minnesota on
Q: Can a person in a resident's meeting with management. Record the meeting with out the resident's permission.
Robert Kane
Robert Kane
answered on Jun 27, 2023

Minnesota is one party consent state. So a person in a resident's meeting with management can likely "record the meeting without the resident's permission." I am not going stick my neck out and offer an absolute "yes" or "no." I would never advise a client to do this.

Eagan attorney Minnesota

1 Answer | Asked in Real Estate Law and Probate for Minnesota on
Q: Transfer property to family member

My father passed away without a will. The property went though probate and was finalized about a year ago. The property title had to go in to the 3 children names. How do we transfer the title to one of the children? Is a Quit Claim deed the hway to go or should we hire an attorney to do it?

Anthony M. Avery
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answered on May 2, 2023

Hire as MN attorney to draft the Deed from whichever heirs are conveying to the one heir which will have fee simple title. The Derivation of Title clause will need to recite the Probate Case and who were decreed as the tenants in common.

1 Answer | Asked in Foreclosure and Real Estate Law for Minnesota on
Q: Whe a foreclosure results in excess proceeds after sheriff sale in is owner still proper beneficiary of proceeds in Minn

Can a business hire an attorney to take care of the legal or court proceedures if needed to collect in Minnesota if so what percent can they charge for these services

Peter J. Weinman
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answered on May 2, 2023

Yes, a foreclosed homeowner can retain an attorney to recover surplus funds. From my NY perspective, the fee can be anything agreed upon, but one-third is customary here if it's done on a contingent fee basis.

1 Answer | Asked in Real Estate Law and Civil Litigation for Minnesota on
Q: I'm filing an appeal for eviction court because I had an emergency I had an accident at work and I was in the ERI couldn

I just need to know am I feeling out the appeal paperwork stating why I wasn't at the hearing or my at the hearing or my original reasons for wanting the hearing

Anthony M. Avery
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answered on Sep 26, 2022

You need to file a Motion to Set Aside a Default Judgment. Quickly. Hire a MN attorney to represent you as defending against losing possession is difficult.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: I legally changed my last name to a previous name. Must the property records be changed before I sell? Quitclaim ok?

The property is in my name only. Can't I leave the records alone if I plan to sell and then just have the court order proof when it's time to sell?

Anthony M. Avery
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answered on Aug 18, 2022

You are not able to convey a deed to yourself. The new deed needs a derivation of title clause to the former name, then the acknowledgement contains your sworn statement you are the same person as both the old and new names. You could also put style of the name change case or divorce and docket... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Minnesota on
Q: Can a Personal Representative of the estate petition for eviction, or does he have to file a lawsuit for damages
Anthony M. Avery
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answered on Aug 5, 2022

With the right facts and proof, he is authorized to do either or both causes of action. Hire a MN attorney to represent you.

1 Answer | Asked in Contracts, Real Estate Law and Banking for Minnesota on
Q: What is the likelihood of Obtaining a Lein Release with a remaining balance after Mortgage Company goes out of business?

I took out a 2nd mortgage in September of 2007 with Beneficial Loan and Trust. Shortly after this, they went out of business. I tried to make payments and contact them, but my payments were returned and was never able to get a hold of anyone. I waited for documentation of transfer, assumption,... View More

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answered on Jul 19, 2022

More than likely the best course to take is to hire competent MN attorney to file a Quiet Title Action. Lapse of the SOL should be a strong argument that the Mortgage/Deed of Trust should not remain against the real property. You are asking the Court to declare the Lien released.

1 Answer | Asked in Small Claims, Contracts and Real Estate Law for Minnesota on
Q: Can you make an signed agreement giving you the right to forcibly remove a person on such date without going to court
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answered on Jul 11, 2022

You could but it would only be enforceable in Court. Hire a MN attorney for an Eviction action.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: ending a relationship,purchased house together, both names on title, mortgage in my name only, partner refuses to sell

Refuses to sign seller agreement, do I have rights

Anthony M. Avery
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answered on Aug 18, 2021

You will need to file an action for a Partition if there is sufficient equity. If not, a sale may not be practical anyway.

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... View More

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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... View More

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