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Turfwars is moving on up!
Share The one thing I learned in high school is that it’s easier to be a part of a crowd than to stand alone. For a while, I thought I might have been blawging into the wilderness. But, alas, my...
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Oral Agreement About Manure Unenforceable, And Neighboring Farmer Is SOL
Share Oral promises are, by their nature, fleeting and unreliable. This is apparently even more true when the promise is about manure. In Maday v. Grathwohl, the Minnesota Court of Appeals held that...
View ArticleNew Minnesota Court Of Appeals Decision Questions The Effectiveness Of...
Share Update (Jan. 27, 2012): On November 22, 2011, the Minnesota Supreme Court denied Naomi Farr’s petition for review. Looks like, for better or worse, this one is on the books. Original Post...
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New Minnesota Trespass Case: Bad Smells v.s. Chemical Spray
Share Update (August 2, 2012): The Minnesota Supreme Court knocked a blow to mom and pop organic farmers yesterday in its ruling in Johnson v. Paynesville Farmers Union Coop. The Court disagreed...
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A Minnesota First: Court Addresses When Duty To Indemnify Arises Under Title...
Share In a case of first impression in Minnesota, District Court Judge Ann Montgomery ruled on an important question in title insurance circles: When is a lender’s loss under a title insurance policy...
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A Minnesota Mechanics Lien Surprise! Building A House From Start To Finish...
Share Update (November 27, 2012): The Minnesota Supreme Court has accepted Big Lake for review. Original Post (September 8, 2012): In Big Lake Lumber v. Security Property Investments, Inc. et. al,...
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Curiosity Killed The Title Insurer’s Defense
Share I usually focus my posts on Minnesota real estate disputes, but I’ll make an exception if I sense a budding national trend. The trend in this case is that, more and more, title insurers are...
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Court Warns Title Insurance Companies: Pay Up Or Else
Share Update (December 17, 2012): In Mattson Ridge v. Clear Rock Title, the Minnesota Supreme Court declined to hold a title insurer liable for damages in excess of policy limits when it wrongfully...
View ArticleIs There A Judicial Preference For “Magic Words” Over Common Meaning?
Share Both the United States and Minnesota Supreme Courts have, in recent decisions, surprised the legal community by requiring a special incantation of magic words when more general verbiage (or...
View ArticleJust copy the legal description? You must be kidding!
Share Sometimes clients prefer to handle real estate transactions on the cheap. They get a legal description, and want you to just copy it. No need for a survey. If a client insists on that course,...
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