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Under Minnesota's well disclosure requirements (Minn. Stat. § 103I.235), all of the following statements are TRUE about the Well Disclosure Certificate EXCEPT:

Correct Answer

D) It must be filed with the county recorder even when no wells exist on the property

When no wells exist on the property, a Well Disclosure Certificate does NOT need to be filed with the county recorder. Instead, under Minn. Stat. § 103I.235, when there are no wells on the property, the deed itself must contain a statement to that effect. The Well Disclosure Certificate as a separate document is only required when wells actually exist on the property. Therefore, the statement in option D is FALSE — it is the exception, not the rule.

Answer Options
A
It must disclose the location and status of all wells on the property being transferred
B
It must be filed with the county recorder at the time of closing when wells exist on the property
C
It is maintained in a statewide database by the Minnesota Department of Health
D
It must be filed with the county recorder even when no wells exist on the property

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Related Topics & Key Terms

Key Terms:

well_disclosurecounty_recorderno_wellsdeed_statementmn_department_of_health

Related Concepts

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.

A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.

A life estate is a freehold estate that grants ownership rights for the duration of someone's life.

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