It seems like a growing trend for people to buy a home prior to marriage or possibly with the intent of never getting married. Divorce can be an awful experience but at least there is a lot of legal precedent about how to resolve home ownership, possession and debts after the divorce. If you are not married, on the other…
Many have heard of the Statute of Frauds; the main focus of this statute is that agreements related to land need to be in writing to be enforceable. Here are some common scenarios that are not often reduced to writing and can lead to problems. Encroachment Issues: Neighbors often know and acknowledge that the neighbor’s driveway, garden or outbuilding is…
Many of us have gone through the process of listing and selling a home. We understand the basic agreements and documents that are needed, and these are commonly a listing agreement, purchase agreement, settlement statement, and eventually a deed that conveys title to the real estate from seller to buyer. If you have been through this process recently, you have…
If you title your home or bank account with another person as joint tenants, the law is clear that the surviving owner automatically takes title upon the first owner’s death without probate. Sounds great and is the right choice is some cases. This way of titling assets often works well with spouses but there are several cases when this is…
In a past article we wrote about how to review a home construction contract. A reader asked for a follow up article on claims or issues you may have after you move in. Here’s a few pointers: If you buy an existing home from a prior homeowner, your claims, if any, would normally be against the prior owner. In this…
With an improving economy we are seeing more home construction. Many contracts for new construction or remodeling are very hard to enforce if things go wrong. The following is a list of things you should understand as a homeowner. The first issue is pretty simple, a written contract should attach or clearly reference any pictures, prints, plans or specs that…
Often a new business is started with high expectations of success and profits, perhaps on a national or worldwide scale. We imagine that our little company will grow into the next Honeywell, Microsoft, or dare we say Snapchat. Or we just imagine that our company will succeed in the town in which we live, provide an income for us and…
With an improving economy people are again looking at buying rentals as another source of investment income. Although I personally like the added control of owning and managing your own investment, there are some things to consider: Get a security deposit. It’s common to have some needed repairs and major cleaning when your tenant terminates the lease. Minnesota law requires…
Past articles have discussed the advantages of having your cabin in trust so that you avoid probate. Other articles have talked about why you should hold title in a cabin trust if the cabin is shared by multiple families. A more recent issue, however, is that many people now rent out the cabin on a weekly basis or just the…
Many people take title subject to mineral rights or other restrictions. Most people ignore the details and some worry too much. Here’s the basics you should know about your land or property you are looking to buy. Minerals – Many titles, especially in Northern Minnesota, are divided so that one owner has surface rights and another has mineral rights. In…