A seller in Scott County, Minnesota is transferring a rural property that has one active private well and a septic system not connected to municipal sewer. At closing, the seller must satisfy disclosure obligations related to both the well and the septic system. Which of the following correctly identifies the primary governing statutes for each obligation?
Correct Answer
A) Well: Minn. Stat. § 103I.235; Septic system: Minn. Stat. § 115.55
In Minnesota, well disclosure at the time of property transfer is governed by Minn. Stat. § 103I.235, which requires the seller to complete a Well Disclosure Certificate (or include a no-wells statement in the deed) filed with the county recorder. Septic system (SSTS — subsurface sewage treatment system) disclosure is governed by Minn. Stat. § 115.55, which requires sellers to disclose whether the system is compliant, non-compliant, or of unknown status. These are two distinct Minnesota-specific disclosure obligations that apply to rural properties.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
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