A buyer is purchasing a home in St. Paul, Minnesota that has no wells on the property. The seller's agent informs the buyer that because there are no wells, no Well Disclosure Certificate needs to be filed. Is this statement correct under Minnesota law?
Correct Answer
C) No, when no wells exist on the property, the deed itself must contain a statement affirming that no wells are present on the property.
Under Minn. Stat. § 103I.235, Minnesota's well disclosure requirement applies to ALL real property transfers, regardless of whether wells exist. When no wells are present on the property, the seller does not file a separate Well Disclosure Certificate, but the deed itself must contain a statement affirming that no wells exist on the property. This ensures the public record reflects the absence of wells. The seller's agent's statement that 'no certificate needs to be filed' is partially correct in that no separate certificate is filed, but the agent failed to mention the required deed statement.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
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