Legal Question in Real Estate Law in Minnesota
filing a mortgage on land with a gravel pit
Is there a special mortgage document that needs to be used when recording a mortgage on land that has a working gravel pit located on the land?
2 Answers from Attorneys
Re: filing a mortgage on land with a gravel pit
There is not a special mortgage document, though the mortgagee should see that the description of the property includes all mineral rights.
However, there are other documents that may need recording, depending on whether a conditional use permit is required to operate the pit, whether any easements are required for operation, and a lease (including compliance with all present and future regulations and a reclamation plan) if the pit operator is not the owner of the land.
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Re: filing a mortgage on land with a gravel pit
No. A mortgage is a mortgage but be sure to address other issues with the land. Because there is a working gravel pit, I assume there is an operating business. If so, assuming you are the lender, a UCC filing on the personal property might be worth looking into as would a personal guarantee from the business's owner.
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