Category: Real Estate Law
Buying Real Estate: Investigate the Title
July 14, 2010 | Barna, Guzy & Steffen, Ltd.By Timothy D. Erb In Brief Newsletter Fall 2006 In the past, when a buyer wanted to investigate the title to real estate, a call to his or her attorney was likely necessary. Today, there are two methods to investigate a title to real estate: hiring an attorney or using a title insurance company. Title insurance is very similar to an opinion of an attorney in that it provides an opinion as to the status of the title. However, title insurance also creates a way to make a claim on the policy if the opinion of the title company is incorrect. This article provides additional information regarding investigation of the title to real estate when the buyer elects to obtain title insurance. There are two types of title insurance that the typical buyer will be offered. First , a title company will offer a lender’s title insurance policy to the buyer. If a buyer is purchasing the real estate with the assistance of a lender, the buyer will be required by the lender to purchase this policy. A lender’s title insurance policy will only cover the lender in the event of a title problem. Second, a title company will offer an owner’s title insurance policy to the buyer. An owner’s title insurance policy…
Read MoreProper Use And Benefits Of The Commercial Unlawful Detainer
December 20, 2009 | Barna, Guzy & Steffen, Ltd.Proper Use And Benefits Of The Commercial Unlawful Detainer The legal action of “unlawful detainer” is brought for the purpose of removing a tenant who is in breach of a lease agreement. The breach can be the nonpayment of rent and operating expenses, or could be any breach of a lease such as a tenant who is using and improperly disposing of hazardous chemicals or due to a prohibited use of the space. The unlawful detainer entitles the landlord to a “writ of restitution” or return of the property. Self-help eviction of a tenant without an unlawful detainer is not allowed in Minnesota. The unlawful detainer only entitles the landlord to remove a tenant and retake possession of the rental property. The unlawful detainer court does not have authority to enter a judgment against the tenant and in favor of the landlord for the past due rent and operating expenses. That must be brought in a separate legal action in collection. Barna, Guzy & Steffen represents many commercial property managers and property owners for their unlawful detainers and collection needs. Most often we can file an unlawful detainer for our clients within 24 to 48 hours after we obtain the information we need to do the Complaint in unlawful detainer. We require: The…
Read MoreMinnesota Environmental Response and Liability Act
December 20, 2009 | Barna, Guzy & Steffen, Ltd.Minnesota Environmental Response and Liability Act Suppose you were an owner of real estate in the 1960’s. Suppose also that you leased the real estate you owned to an oil company in 1961. The oil company placed fuel tanks on the real estate. In 1962 the oil company spilled fuel on your real estate. It slowly seeped into the soil and eventually contaminated the ground water as well as the soil. In 1988 the city where the land is located condemned the property. Now fast forward to today. The city sues you for the cost of the clean up based on current real estate law. Can you be held liable to clean up your real estate today when the fuel spill is discovered? The answer, believe it or not, is quite possibly yes. Many real estate owners in Minnesota are facing these liability issues today as a result of the Minnesota Environmental Response and Liability Act (“MERLA”). MERLA is what is called a “superfund” law. It was enacted primarily to identify and clean up abandoned and existing sites contaminated by hazardous substances. The key features of MERLA are that it: 1. Imposes joint and several liability on responsible persons; 2. Imposes strict liability, that is, liability without regard to fault or negligence, on…
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