Waubun Land Use & Zoning Lawyer, Minnesota

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LEGAL TERMS

COVENANT

A restriction on the use of real estate that governs its use, such as a requirement that the property will be used only for residential purposes. Covenants are ... (more...)
A restriction on the use of real estate that governs its use, such as a requirement that the property will be used only for residential purposes. Covenants are found in deeds or in documents that bind everyone who owns land in a particular development. See covenants, conditions and restrictions.

IP

See intellectual property law.

SPECIFIC PERFORMANCE

A remedy provided by a court that orders the losing side to perform its part of a contract rather than, or possibly in addition to, paying money damages to the ... (more...)
A remedy provided by a court that orders the losing side to perform its part of a contract rather than, or possibly in addition to, paying money damages to the winner.

OFFER

A proposal to enter into an agreement with another person. An offer must express the intent of the person making the offer to form a contract, must contain some... (more...)
A proposal to enter into an agreement with another person. An offer must express the intent of the person making the offer to form a contract, must contain some essential terms--including the price and subject matter of the contract--and must be communicated by the person making the offer. A legally valid acceptance of the offer will create a binding contract.

SERVIENT TENEMENT

Property that is subject to use by another for a specific purpose. For example, a beachfront house that has a public walkway to the beach on its premises would ... (more...)
Property that is subject to use by another for a specific purpose. For example, a beachfront house that has a public walkway to the beach on its premises would be a servient tenement.

FORECLOSURE

The forced sale of real estate to pay off a loan on which the owner of the property has defaulted.

DEBENTURE

A type of bond (an interest-bearing document that serves as evidence of a debt) that does not require security in the form of a mortgage or lien on a specific p... (more...)
A type of bond (an interest-bearing document that serves as evidence of a debt) that does not require security in the form of a mortgage or lien on a specific piece of property. Repayment of a debenture is guaranteed only by the general credit of the issuer. For example, a corporation may issue a secured bond that gives the bondholder a lien on the corporation's factory. But if it issues a debenture, the loan is not secured by any property at all. When a corporation issues debentures, the holders are considered creditors of the corporation and are entitled to payment before shareholders if the business folds.

CONSIDERATION

The basis of a contract. Consideration is a benefit or right for which the parties to a contract must bargain; the contract is founded on an exchange of one for... (more...)
The basis of a contract. Consideration is a benefit or right for which the parties to a contract must bargain; the contract is founded on an exchange of one form of consideration for another. Consideration may be a promise to perform a certain act -- for example, a promise to fix a leaky roof -- or a promise not to do something, such as build a second story on a house that will block the neighbor's view. Whatever its particulars, consideration must be something of value to the people who are making the contract.

HOMESTEAD DECLARATION

A form filed with the county recorder's office to put on record your right to a homestead exemption. In most states, the homestead exemption is automatic--that ... (more...)
A form filed with the county recorder's office to put on record your right to a homestead exemption. In most states, the homestead exemption is automatic--that is, you are not required to record a homestead declaration in order to claim the homestead exemption. A few states do require such a recording, however.

SAMPLE LEGAL CASES

In re Stadsvold

... We conclude that section 394.27, subdivision 7, is ambiguous because only "hardship" is defined, and it therefore is not clear from the statute when a county zoning authority's decision should be based on the "practical difficulties" or the "particular hardship" standard in a given ...

Calm Waters, LLC v. Kanabec County Bd. of Com'rs

... The County petitioned for review, which we granted. For purposes of resolving this case, we will assume, without deciding, that a subdivision application such as Calm Waters' constitutes a "written request relating to zoning" within the meaning of the 60-day rule, Minn.Stat. ...

Big Lake Ass'n v. ST. LOUIS COUNTY PLANNING COMM.

... A county may designate by ordinance certain types of developments, including planned unit developments, as conditional uses under zoning regulations. ... V, § 5.04 (2007) (designating planned unit developments as a conditional use within shoreland mixed use zoning districts). ...