Kevin owns a rural property in Otter Tail County, Minnesota with a private well. He is selling the property to Maria. At closing, which of the following actions is required under Minnesota law regarding the well on the property?
Correct Answer
D) Kevin must file a Well Disclosure Certificate with the county recorder at closing, disclosing the location and status of the well.
Under Minn. Stat. § 103I.235, sellers of real property in Minnesota must disclose the location and status of all wells on the property by filing a Well Disclosure Certificate with the county recorder at the time of closing. This is not merely a disclosure to the buyer — it is a mandatory filing with the county recorder. The Minnesota Department of Health maintains a statewide well database using these certificates. If no wells exist on the property, the deed itself must contain a statement to that effect.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
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