Access, Road Development & Maintenance

Easements

An easement is a document that gives an individual other than the owner right or access to a property.  It gives a person the right to use another person’s land for a specifically stated purpose.  An easement can involve a general or specific portion of the property.  Creating an easement or sub-dividing land involving fence lines, shared roads, lakeshore, and boundaries can solve disputes and improve relations between neighbors.

Easement Terminology

Easement: An easement is an interest in the land of another, which gives the holder a right to use the land in a specified manner, or to restrict the owner's use and enjoyment of the land. An easement is not an "estate" in land.

Affirmative Easement: Easement which gives the holder the right to use another's land (e.g., allowing access to or across the property, trail, road, flowage easements); may be limited in scope.

Negative Easement: Easement which gives the holder, or designated third party beneficiaries, the right to require the owner of land to refrain from exercising specific ownership rights (e.g., "no build" easements, most conservation easements, not building a structure more than one story high, not blocking a view, easements of light and air)

Appurtenant Easement: Easement which "runs with the land," typically benefiting adjacent land (e.g., a right to maintain a driveway across a neighbor's land).  These generally automatically transfer when the estate is transferred.

Easement in Gross: Easement which benefits a specific person or entity but doesn't run with land.  This type of easement can be for person use, like an easement to use a boat ramp, or a commercial use. 
Burdened Parcel (Servient Estate): Land burdened by the easement

Benefited Parcel (Dominant Estate): Land benefited by an appurtenant easement

Easement Area: Portion of the burdened parcel that is subject to the easement rights; may be all or part of the burdened parcel; may be subject to diminution for "specific location" if originally a blanket easement.

Conservation Easements: A voluntary transfer of specified land use and development rights to a qualifying organization for conservation purposes. Often, more in the nature of a restriction or equitable servitude than an easement.

Minnesota has adopted the Uniform Conservation Easement Act, Minn. Stat. Ch. 84C (effective 1985).  The term "conservation easement" has a specific meaning under Chapter 84C of Minnesota statutes: "A nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or open-space values of real property, assuring its availability for agricultural, forest, recreation, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property.

Lake Shore, Vacant Land, & Road Development

Klun Law Firm is your Minnesota real estate firm.   Private development often includes zoning, land use, platting, and subdivision issues.  Our diversified background provides us with the unique ability to resolve even the most complicated issues.  We are prepared to represent individual and business clients' interests before governmental bodies, including city councils, planning commissions, and economic development authorities.

Septic Inspection

 
Twenty-five percent of homes have a septic system.  To protect home buyers from costly and frustrating septic issues, St. Louis County created an ordinance often called a point of sale requirement, states that a home cannot be sold unless one of the following requirements is met:
  • The seller discloses to the buyer that there is not a sewage treatment system on the property
  • The property has a sewage treatment system with a vaild certificate of compliance or notice of non-conformity
  • The seller and buyer file a transfer agreement with the St. Louis County Environmental Services Center
If you are a home owner, it is in your best interest to get a septic inspection often.  A valid certificate of compliance lasts three years, so having the system inspected in a timely manner can save the property owner, a potential property buyer, and other parties a vast amount of time and money.  
 
Well Disclosure
 
At the time of sale a home owner must disclose the status of all wells on the property along with a valid sketch of the location of each well.  In St. Louis County and Lake County a well is not required to be tested or inspected at the time of sale, but often the lending institution may require a well test and inspection in order to protect the buyer.  Often water contaminents are found leaving the seller distraught and unable to close on a home.  Having well testing and inspections done regularly along with the above mentioned septic testing can truly save a land transaction. 

Surveys in Real Estate Transactions 

The survey is used to confirm that the real estate described in legal documents is the same real estate that is contemplated by the parties to a transaction.  It is used to describe how other real estate interests impact the subject property and to understand their significance The survey is a visual tool used to understand complex real estate interests and that may serve as the basis for a legal claim if the survey is inaccurate, either against the surveyor or a title company.

Does the law supply a right of access to every landlocked parcel?

Not necessarly, while Minnesota law has established the cartway as a statutory mechanism to provide access where none is otherwise available, this mechanism does not guarantee access in every situation.
The proper body to establish a cartway is the town board or, if the township is unorganized, the board of county commissioners for the county in which the tract to be accessed by the cartway is located. Two statutes are relevant. Minn. Stat. § 164.08, subd. 1 provides that a cartway may be established in extremely limited circumstances: the cartway cannot be more than one-half mile in length, must be sought by a petition signed by at least five voters who are "freeholders of the town," must be established on a section line, and must serve a tract of land consisting of at least 150 acres, of which at least 100 are tillable.  By contrast, § 164.08, subd. 2 provides that a cartway shall be established upon petition by the owner of a tract containing at least five acres, and who has no access except over the lands of others, or whose access is less than two rods (33 feet) in width. Subd. 2 also provides that a cartway shall be established upon petition of an owner of a tract that, as of January 1, 1998, was of record as a separate parcel, contains at least two but less than five acres, and otherwise has no access.
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