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.
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