Laserfiche WebLink
Minn. Stat. § 462.358 <br />subd 4a <br />See Section VII-B -2 <br />City option to grant <br />waivers for <br />information on <br />waivers <br />Minn. Stat. § 462.358 <br />subd 4b; <br />A.G. Op. 373 -B -9 <br />(Feb. 1, 1977) <br />A. Sellers and buyers disclosure <br />requirements <br />Whenever a landowner seeks to convey land (through a metes and bounds <br />description or in reference to a plat) that has not previously been filed or <br />recorded, state law requires the seller to make certain disclosures to protect <br />buyers from illegal subdivisions. If the newly recorded land is the result of a <br />subdivision, the seller must attach one of the following to the instrument of <br />conveyance: <br />• A recordable certification by the clerk of the municipality that the city's <br />subdivision regulations do not apply, or that the subdivision has been <br />approved by the governing body, or that the restrictions on the division <br />of taxes and filing and recording have been waived by resolution of the <br />governing body of the municipality. <br />• A statement which names and identifies the location of the appropriate <br />municipal offices and advises the grantee that municipal subdivision and <br />zoning regulations may restrict the use or restrict or prohibit the <br />development of the parcel, or construction on it, and that the division of <br />taxes and the filing or recording of the conveyance may be prohibited <br />without prior recordable certification of approval, non - applicability, or <br />waiver from the municipality. <br />A buyer who purchases illegally subdivided land may bring a lawsuit against <br />the seller alleging misrepresentation of or the failure to disclose material <br />facts under this statute. A buyer with a successful lawsuit may be awarded <br />damages, reasonable costs and fees (including attorney fees), and punitive <br />damages up to 5 percent of the purchase price of the land. <br />B. Restrictions on filing and recording <br />conveyances <br />In a city that has adopted and recorded subdivision regulations with the <br />county recorder, no conveyance of land to which the regulations are <br />applicable may be filed or recorded if the conveyance does not demonstrate <br />conformance to the regulations. A few exceptions to this law apply to: <br />• Some transactions entered into before 1945, but not previously recorded. <br />• Single parcels of commercial or industrial land of not less than five acres <br />and having a width of not less than 300 feet where the conveyance does <br />not result in the division of the parcel into two or more lots or parcels, <br />any one of which is less than five acres in area or 300 feet in width. <br />34 LEAGUE OF MINNESOTA. CITIES <br />