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Sven is purchasing a rural Minnesota property and discovers during due diligence that the property has no wells. At closing, how must the absence of wells be addressed under Minn. Stat. § 103I.235?

Correct Answer

C) The deed conveying the property must contain a statement that there are no wells on the property

Under Minn. Stat. § 103I.235, when a property is conveyed and there are no wells on the property, the deed itself must contain a statement to that effect — specifically, a statement that the seller certifies that there are no wells on the property. This is a unique Minnesota requirement: the absence of wells must be affirmatively stated in the deed, rather than simply omitting the Well Disclosure Certificate. This ensures the public record reflects the well status of every property transferred in Minnesota.

Answer Options
A
No action is required; the Well Disclosure Certificate only needs to be filed when wells are present on the property
B
The seller must provide a verbal statement to the buyer confirming no wells exist, which the buyer signs at closing
C
The deed conveying the property must contain a statement that there are no wells on the property
D
The seller must file a No-Well Affidavit with the Minnesota Department of Health before closing

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Related Topics & Key Terms

Key Terms:

well_disclosure_certificateno_well_statementdeed_requirementclosingminnesota_well_law

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