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Minnesota Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Minnesota on
Q: my husband has a cabin that is in a trust from his mother that names he and his brother as trustees. can he sell it
Ben F Meek III
Ben F Meek III
answered on Feb 22, 2017

It probably depends on the terms of the Trust instrument. If your husband and his brother are co-trustees, his brother's consent may be required to permit a sale. If the Trust instrument was well drafted, it may have a provision for resolving disagreements between the co-trustees. If so, those... View More

1 Answer | Asked in Construction Law and Real Estate Law for Minnesota on
Q: side job 17 yrs ago metal roof, now paint chipping, cost was 9,000, owners want 4500 towards replacing - threatening crt

warranty won't cover, not sent in correctly at the time. worth going to court over? should we be responsible for some of cost for a 17 yrs old roof? natural elements, weather, etc. normal wear and tear - think original warranty was for 20 yrs...

Lucas Wynne
Lucas Wynne
answered on Jan 25, 2017

I would note that the wording of your question is unclear. I am unsure if you are stating that you provided a warranty to the customer or that the manufacturer of the roofing materials provided a warranty to your customer. Although unclear based on the information provided, I would go by the terms... View More

1 Answer | Asked in Real Estate Law for Minnesota on
Q: My husband (newly married) owns a house in his name only. WHAT do we do to change title to joint tenancy?

He made a will leaving all real and personal property to me, but to avoid inheritance issues we want to put house in joint ownership/joint tenancy. How do we do this?

Lucas Wynne
Lucas Wynne
answered on Dec 7, 2016

You have the property re-titled, you draw up a deed and register the deed.

1 Answer | Asked in Contracts and Real Estate Law for Minnesota on
Q: If you sign a 3 month contract w/RE agent & later change mind about selling home, any way you can get out of contract?
Joseph A. Gangi
Joseph A. Gangi
answered on Oct 13, 2016

Check the terms of the contract. Usually they have an "opt-out" or similar clause. You can also simply agree to cancel the contract. I suggest consulting with an attorney - a review of your particular facts and the contract will provide you with the best guidance.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: One wk ago, I verbally agreed, over the phone, to sell some Mn hunting land to a party Now I got a better offer.

Am I legally bound to this verbal agreement?

Joseph A. Gangi
Joseph A. Gangi
answered on Sep 9, 2016

Generally speaking, contracts for the sale of land must be in writing to be enforced. There are exceptions to this rule. You should consult with an attorney to get an answer specific to your situation.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Minnesota on
Q: Get out of mobile home lot rent.

We rent a lot a mobile home we don't own sits on. The owner is deceased. We don't live there anymore. Do we have the right to "walk away" or what rights do we have? My fiance' is the next of kin to the deceased, but hasn't filed for executorship as of yet.... View More

Joseph A. Gangi
Joseph A. Gangi
answered on Sep 2, 2016

If your agreement is month-to-month, you may cancel the agreement by giving notice in writing. Timing depends on when rent is due, so usually one month notice is required.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: My neighbor has a tree on their property and a limb extends significantly past the property line into my yard.

They want me to pay to get it trimmed. Can I extend a vertical line from the prop. line and cut the limb at that point myself? Should I take them to conciliation court? I live in St Paul, MN 55117

Thank You

Lucas Wynne
Lucas Wynne
answered on Aug 4, 2016

Google "property line trees minnesota" - that should get you started in the right direction.

1 Answer | Asked in Contracts and Real Estate Law for Minnesota on
Q: Can I back out from buying a house?? Is it true that my agent will get sued if I back out?? PLEASE HELP!!

Hi. We are supposed to close on the house in 7 days but I don't want to buy the house anymore. We don't think we can afford it plus my husband has been having a hard time on one of the jobs I know that should have been thought first thing, but we were so excited at first that we didnt... View More

Joseph A. Gangi
Joseph A. Gangi
answered on Jul 22, 2016

Check your purchase agreement and see what the default terms and remedies are. Check with your lender and see if you still qualify for the loan. It is not a bad idea to notify the seller -- they might have a back-up offer ready to go or they may be fine with simply keeping your earnest money.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: Easement gate

I have a deeded easement and a new neighbor want to erect a gate. Wouldn't this cause inconvenience and unenjoyment of the easement? I have a home off the easement and have been here 32 years and never has there been a gate, neighbor in question has no house just land, wouldn't this be interference?

Lucas Wynne
Lucas Wynne
answered on Jul 21, 2016

I would need to know more of the specifics of your situation to provide a competent answer.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: If a tree on my property falls on my neighbors house through natural causes, am I liable for damages to his house?
Lucas Wynne
Lucas Wynne
answered on Jul 19, 2016

Generally, you are responsible for the damage caused by your tree if you knew there was something wrong with the tree but failed to take corrective action. If an act of God caused the tree to fall AND a reasonable person would be unaware there was something wrong with the tree, then generally you... View More

1 Answer | Asked in Real Estate Law for Minnesota on
Q: Can I sue my ex husband?

Hello,

I have been divorced for 3 years now. My ex husband refuses to refinance or sell the house we still own together. I don't live in the house, he does. He has failed to pay the payment over 17 times. I would like to know if and how I can sue him for the half of the house, I have... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 1, 2015

You need to go see a local attorney, perhaps the attorney that helped you with the divorce. It depends upon what the divorce documents say.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: Quick claim signature required

Daughter received deed to father's house in 1992. Was married at the time. Divorced in 1994. House is now going up for sale. Does she need her ex to sign off on a quick claim deed?

Charles Snyderman
Charles Snyderman
answered on Jun 20, 2014

The kind of deed you are referring to is a quit claim deed. I believe your question should be asked in the divorce category. The question is whether a husband in Minnesota acquires any rights to a house that is conveyed to his wife while they are married, and what effect does a divorce have on... View More

1 Answer | Asked in Real Estate Law for Minnesota on
Q: I own farmland & rented it out for 3 yrs., now I want to sell it - is there anyway out of this rental agreement legally.
Kristen Bullock
Kristen Bullock
answered on May 1, 2014

It would depend on the terms of the lease. However, you could offer a buy-out if the renter was receptive.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: We married couple in Minnesota-My credit bad-my hubby's is great-Can he legally get mortgage+house in his name only?
David William Jacobsen
David William Jacobsen
answered on Dec 7, 2013

Your lender may choose to use only his credit history and employment information for underwriting purposes for the loan; however, as a married couple you will both be required to sign the mortgage.

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