Experienced real estate attorneys protecting your interests in residential, agricultural and commercial transactions throughout Southern Minnesota.
Whether you’re buying your first home, selling a family farm that’s been in your family for generations or investing in commercial property, real estate transactions involve significant financial commitments and complex legal issues. A single oversight in a purchase agreement, title search, or closing document can cost you thousands of dollars or jeopardize your entire investment.
At Birkholz Law, we represent clients in residential, agricultural, and commercial real estate transactions throughout Southern Minnesota. Our attorneys have handled thousands of real estate closings and understand the unique challenges of the local market, from farmland transactions and conservation easements to downtown commercial leases and new construction.
We take a proactive approach to real estate law, identifying potential issues before they become problems. Our thorough title examinations, careful contract review, and attention to detail ensure your transaction proceeds smoothly and your investment is protected. When disputes arise, we have the litigation experience to defend your property rights in court.
Unlike real estate agents or title companies, an attorney represents your legal interests exclusively. We review every document with your protection in mind, negotiate terms that favor your position, and ensure you understand every aspect of your transaction before you sign.
We understand the unique legal issues affecting agricultural land sales, from CRP contracts and conservation easements to drainage rights and USDA compliance. We protect farmers and landowners in every transaction.
Many Southern Minnesota communities don’t have local title companies. We provide full closing services including title searches, document preparation, and escrow management for communities across the region.
Buying lake property involves unique considerations including riparian rights, shoreline regulations, septic compliance and DNR requirements. We ensure you understand all restrictions before you buy.
Building a new home or commercial building involves construction contracts, mechanic’s lien waivers and inspection contingencies. We protect your interests from groundbreaking to certificate of occupancy.
Contracts for deed are common in rural Minnesota. Whether you’re a buyer or seller, we ensure these agreements are properly structured to protect your interests and comply with Minnesota law.
Property boundary disputes and easement conflicts are common in rural areas. We resolve these issues through negotiation, survey review and litigation when necessary.
We handle all aspects of residential real estate transactions. We review purchase agreements, conduct title searches, resolve title defects, prepare closing documents, and ensure your interests are protected at every step.
Farm and agricultural property transactions have unique considerations including conservation easements, drainage rights, CRP contracts, crop leases and USDA compliance. Our deep roots in Southern Minnesota mean we understand the agricultural landscape and the legal issues that affect farmers and landowners.
Commercial property transactions require careful attention to financing structures, zoning compliance, environmental assessments, lease negotiations and contractual terms. We represent buyers, sellers, landlords and tenants in transactions of all sizes.
We conduct thorough title examinations and resolve defects including boundary disputes, encroachments, easement issues and liens. Our careful approach ensures you receive clear, marketable title and protects your investment from future claims.
When disputes arise over property boundaries, purchase agreements, construction defects or landlord-tenant issues, we provide aggressive representation. We handle breach of contract claims, quiet title actions, partition actions and mechanic’s lien disputes.
We advise clients on tax-deferred exchanges under IRC Section 1031, helping investors defer capital gains taxes when selling and acquiring like-kind properties. We coordinate with qualified intermediaries and ensure compliance with strict IRS timelines.
Minnesota real estate transactions are governed by a comprehensive body of state law. Under Minn. Stat. § 507.02, all conveyances of real property must be in writing and signed by the grantor. The Minnesota Uniform Conveyancing Blanks Act (Minn. Stat. § 507.09) standardizes the forms used in real estate transactions, ensuring consistency and legal compliance across the state.
Minnesota is a “title theory” state, meaning the lender holds legal title to the property until the mortgage is fully paid. Under Minn. Stat. § 580.01 et seq., foreclosures in Minnesota are typically conducted through a “foreclosure by advertisement” process, which does not require court involvement. However, the homeowner has a redemption period, typically six months, during which they can reclaim the property by paying the full amount owed.
For agricultural land, Minnesota’s Green Acres program (Minn. Stat. § 273.111) provides property tax relief for qualifying agricultural land by valuing it based on its agricultural use rather than its market value. The Agricultural Preserve program (Minn. Stat. § 473H) offers additional tax benefits for landowners who commit to keeping their land in agricultural use for a specified period.
Transfer-on-Death Deeds (Minn. Stat. § 507.071) allow property owners to designate a beneficiary who will receive the property upon the owner’s death without going through probate. This relatively new tool has become an important part of both real estate and estate planning in Minnesota.
Under Minn. Stat. § 513.075, sellers of residential property must provide buyers with a written disclosure of all material facts known to the seller that could adversely affect the buyer’s use and enjoyment of the property. This includes known defects, environmental hazards, boundary disputes and other issues. Failure to disclose can result in liability for the seller.
Requirements for conveyances of real property
Transfer-on-Death Deeds
Torrens registration system
Seller's disclosure requirements
Mechanic's liens
Contract for deed cancellation
Foreclosure by advertisement
Green Acres agricultural tax program
Landlord-tenant law
Like-kind exchange (tax-deferred)
While Minnesota doesn’t require an attorney at closing, having one protects your interests. We review all documents, identify potential issues, and ensure the transaction is properly structured. The cost of an attorney is minimal compared to the risks of an unreviewed transaction.
A title search examines public records to verify the seller’s ownership and identify any liens, encumbrances or defects that could affect your ownership. It’s essential to ensure you receive clear, marketable title to the property.
Common issues include title defects (liens, judgments, boundary disputes), financing problems, inspection issues, survey discrepancies and missing documents. Our proactive approach identifies and resolves these issues early to keep your closing on track.
Farm transactions involve unique considerations including CRP contracts, conservation easements, drainage rights, crop leases, USDA compliance and agricultural tax implications. Our experience with agricultural law ensures these issues are properly addressed.
Birkholz Law handles residential closings, commercial transactions and property disputes across Southern Minnesota. Contact us to discuss your case.
Award-winning law firm serving Southern Minnesota for over 50 years. Dedicated to protecting your freedom, rights and family.
121 St. Andrews Court Mankato, MN 56001
209 Armstrong Blvd South St. James, MN 56081
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