What comes to mind when we think of a lease agreement is often that first apartment we rented after high school or college. The first lease that I signed was a lengthy document on legal-sized paper with single-spaced paragraphs in small font. It contained words such as ‘term’, ‘security deposit’, ‘possession’, ‘abandonment’, and ‘hold-over’. The amount of rent and when…
When you own real estate you also own any fixtures attached thereto. In general, a fixture is something permanently affixed to the land. A structure attached to a foundation, for example, or within a house, cabinets or fixtures that would require tools to remove from the walls, would generally be considered fixtures. If something is not a fixture, it’s considered…
This article addresses issues from the standpoint of a prospective buyer, and it’s the first in a series of articles on Common Interest Communities (CICs), homeowners’ associations, and other aspects of planned developments. Our law firm has expertise in the laws governing CICs in Minnesota and assists many area developers, associations, and CIC residents. So, you’ve decided to buy a new…
There are many potential issues for building on a lake. Most people understand that there are setback rules for lot lines, roads and lakes. As to lakes, the distances vary depending on the lake classification. Even when you know your classification, the setback is not from the water’s edge. Shorelines move over time so the local zoning authority should have…
Associations are a common way to own land in Lakes Country for a couple different reasons. Probably the most common example is to address senior living arrangements where owners want to still own their own home but avoid lawn maintenance and other headaches of single family home ownership. The other common example is shared ownership along lakeshore as it is…
I represent a lot of landlords around the area and while some are very familiar with the eviction process, others are not. Today’s article will focus on the eviction process and what to expect when a landlord wishes to terminate a lease agreement with a tenant. The most common form of eviction comes from nonpayment of rent, but a tenant…
In Minnesota, your land is either torrens or abstract title. Torrens or registered title is identified on your deed by having a T before the document number and often the deed will reference Torrens specifically. If your land is Torrens, your land was officially registered through a court proceeding where all your neighbors were served and the Court confirmed that…
Most buyers simply order title insurance from whatever company is recommended by their realtor or banker. They then pay for this insurance at closing without any understanding or explanation of what the insurance covers or more importantly, doesn’t cover. Our firm owns both Quality and Action Title Companies and we also assist other title companies with legal issues or get…
Many parcels in North Country are described by metes and bounds. That means that your land is not part of a subdivision and, as a result, your legal description is often a very long description of calls that trace your boundaries and then relate to government section pins. These descriptions are often quite old and most transactions simply repeat the…
Most people assume that if their road has a road sign or shows up on the city map they live on a public road. Or, at least if the road has been there for years, no one would question their access rights. Unfortunately, lending standards have changed over the years and you or your potential buyer will not be able…