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?

Asked on 2/19/09, 11:24 am

2 Answers from Attorneys

Steven Vatndal Law Office of Steven J. Vatndal
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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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2/19/09, 11:43 am
Daniel Reiff Reiff Law Office
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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.

NOTE: This communication is not intended to create an attorney-client relationship.

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2/19/09, 11:48 am

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