Legal Question in Real Estate Law in Minnesota

How do we subdivide a duplex, including use of easements?

We own a duplex in Chanhassen, Minn., and want to subdivide the property so we can sell one side and live in the other. Problem is both single-car garages are located on one end of the duplex, so a simple subdivision won't work. We understand we'll need easements for the party wall, one garage, sidewalk and driveway. Are easements common place? Do they require city approval or is it just something written in to the legal description between the seller and buyer? We will be presenting our case to the city's Planning Commission next week.


Asked on 3/12/01, 9:58 am

1 Answer from Attorneys
Derek Patrin Meaney & Patrin, P.A.

Re: How do we subdivide a duplex, including use of easements?

Yes, easements are very common in all types of residential real estate. Most private easements like the ones you describe for your subdivision do not require any city approval. However, if your subdivision falls under the jurisdiction of the Uniform Condominium Act, there are requirements you must meet with regard to getting a plat certified. Condominiums are not one of my typical areas of expertise, so you should check with a more experienced real estate attorney on this. If you know that your subdivision does not fall under that Act, then the matter of private easements is left to he buyer and seller. The easements are simply added to the legal description of the property.

Read more
Answered on 5/23/01, 7:48 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Minnesota