MSBA Real Property Law Section
Annual Reports

2004-05 | 2003-04 | 1998-1999 | 1997-1998

MSBA Real Property Law Section
2004-2005 Annual Report

The Real Property Law Section is one of the largest sections within the MSBA. The Section serves approximately 1,875 members with bi-annual legislative and case law updates, by providing on-line residential real estate forms, by updating members through the Section's newsletter, by representing the Section through its Legislative Committee at the Minnesota State Capitol, by overseeing certification of Real Property Law Specialists and administering the Real Estate Specialist exam and by co-sponsoring, with Minnesota CLE, the annual Real Estate Institute.

The Real Property Law Council is the governing body of the Section and consists of real estate lawyers from throughout the State of Minnesota. The Council's committees performed the lion's share of the work of the Council and real estate lawyers from throughout Minnesota owe them a debt of gratitude for their efforts this past year.

The committees of the Council and their activities during the 2004-05 fiscal year are as follows:

Title Standards Committee. The Title Standards Committee is co-chaired by Lorens Q. Brynestad of Brooklyn Park and Cindy Telstad of Winona. This Committee is responsible for the review and updating of the Minnesota Title Standards, which are considered authoritative by Minnesota real estate lawyers and Minnesota courts. This year, the Committee updated three Title Standards, completed its work on Chapter 1 of the White Pages to the Title Standards and is close to completion of Section 2 of the White Pages. The White Pages provide an outline and checklist for clearing title objections and transferring title in Minnesota.

Legislative Committee. The Legislative Committee was successful in drafting and shepherding the Section's bill through the Minnesota Legislature this year. The Legislative Committee was also very active in reviewing, commenting upon and obtaining changes in other legislative proposals which affect real estate, including changes in a law enacted last year involving cancellation of purchase agreements and a law enacted this year dealing with performance standards for recording real estate documents. The Legislative Committee is chaired by Charles A. Parsons, Jr. and Kevin J. Dunlevy, both of Minneapolis.

Certification Council. Charles H. Andresen of Duluth and John M. Koneck of Minneapolis co-chair the Certification Council. The Certification Council oversees the Section's certification of real property law specialists. The next exam is scheduled for February 25, 2006. In conjunction with the specialist's exam, the Council also co-sponsors, with Minnesota CLE, an educational program to prepare lawyers for the real property law specialist exam. The seminar will be held January 17 and 18, 2006, at the Minnesota CLE Center in Minneapolis. This seminar has received high praise both by lawyers preparing to take the real property law specialist exam and by others who are seeking an effective resource providing an overview of real estate law in the State of Minnesota.

Residential Real Estate Committee. This Committee is chaired by Kimball Foster of Minneapolis. The Residential Real Estate Committee has successfully made available to the MSBA membership a series of residential real estate forms through the praticelaw.org website. The Committee recently completed an update of its residential real estate purchase agreement, completed an update of the seller's disclosure form and continues to update its other real estate forms on a periodic basis.

Fall Institute. This committee is co-chaired by Angela M. Christy of Minneapolis and Craig W. Johnson of Austin. The committee co-sponsors and co-produces the annual one and one-half day Real Estate Institute with Minnesota CLE every November. The 22nd annual program held last November was the largest ever with 1,272 attendees and 72 faculty members for a total attendance of 1,344. Attendees of this year's Real Estate Institute rated the Institute at 6.38 on a 7 point scale. The Institute will be held again this year in November at the Saint Paul River Centre, in St. Paul.

Miscellaneous. The Section recently amended its Bylaws to provide for the addition of a position on the Council for a law professor from one of the four law schools located within Minnesota. The Bylaw amendment, which awaits MSBA approval, also updated the Bylaws with provisions permitting electronic communication and electronic meetings.

Summary. The $15.00 membership fee paid by members of the Real Estate Section is a great value thanks to the thousands of hours volunteered by lawyers from throughout the State of Minnesota who are active within the Section.

Timothy J. Hassett
2004-2005 Chair
June 28, 2006

MSBA Real Property Law Section
2003-04 Annual Report

The mission of this Section is to give all interested MSBA members the opportunity to join in the Bar Association’s work in the field of real property law. The bulk of the work of the Real Property Law Section is performed by committees and the committee chairs and members should be specially commended for their service to the section.

The Section now has approximately 1,990 members, an increase from 1,952 members in June 2003.

Title Standards Committee. This committee is co-chaired by Lorens Q. Brynestad of Brooklyn Park and James D. Sinclair of Detroit Lakes. Minnesota Title Standards are reviewed regularly by the committee and are considered authoritative by Minnesota lawyers and courts. The committee also worked diligently in 2003-04 to revise the White Pages portion of the Minnesota Title Standards.

Legislative Committee. This committee also continued its ongoing work under co-chairs Charles A. Parsons, Jr. and Kevin J. Dunlevy of Minneapolis. The bill sponsored by the Section revised Minn. Stat. § 507.403 and 507.413 regarding satisfactions of mortgages. The committee members also worked diligently on other legislative proposals related to real estate.

Certification Council. Charles H. Andresen of Duluth and John M. Koneck of Minneapolis continued to oversee the section’s certification of real estate specialists. This was a test year with 22 attorneys approved as new MSBA Certified Real Property Specialists. The total number of lawyers now certified is 348.

Residential Real Estate Committee. This committee is chaired by Kimball Foster of Minneapolis. The Section continues to benefit financially from the work of this committee through the receipt of royalties under a licensing arrangement with Miller Davis Company. During the last year, the Residential Real Estate Committee drafted a Seller Disclosure form in light of a new law requiring most sellers to disclose the condition of real property being sold. The committee updated other MSBA Real Property forms to bring them into compliance with current legislation, case law and marketplace needs. We worked with the MSBA to post our forms on Practicelaw.org, for the benefit of bar members.

Fall Institute. This committee is co-chaired by Angela M. Christy of Minneapolis and Craig W. Johnson of Austin. The committee cosponsors and co-produces an annual one and one-half day Real Estate Institute with Minnesota CLE every November. The 21st annual program was held November 21-22, 2003 at the Saint Paul River Centre with a record attendance of 1,335 participants, including 73 faculty. A survey of attendees rated the institute at 6.39 out of a possible 7. The next Institute is scheduled for November 19-20, 2004 at the Saint Paul River Centre.

Miscellaneous. The Section filed a brief as Amicus Curiae in Kipp v. Sweeno. The Supreme Court issued its opinion on June 24, 2004, overturning the Court of Appeals’ decision, which was consistent with the Section’s Amicus brief.

Summary. The Real Property Law Section provides value to its members through its legislative initiatives, educational programs and substantive developments. Because the benefit to the Bar and citizens of the State of Minnesota is through the active participation of the membership, we encourage each and every one of you to contribute your time, ability and experience to the committees of the Section.

Angela M. Christy,
2003-2004 Chair

The mission of this section is to afford a means by which all interested MSBA members may join in furthering the Association’s work in the field of real property law. The work of the section is primarily performed through committees chaired by members of the Section Council. The Council met a total of five times during the year. The committees and subcommittees of the Council met many more times over the course of the year. The bulk of the work of the Real Property Law Section is performed by these committees and the committee chairs and members should be specially commended for their service to the section.

The section now has approximately 1,983 members. This number reflects annual declines in total membership from the high point of 2,252 in 1992 to 1,960 members in 1998. Other large MSBA sections -- including the Business Law, Probate & Trust Law, and Civil Litigation sections -- have all increased membership during that same time period. Only the Public Law Section has experienced a membership decline from 1,752 in 1992 to 1,285 in 1998.

Title Standards Committee. This committee is cochaired by Lorens Q. Brynestad of Brooklyn Park and James D. Sinclair of Detroit Lakes. Minnesota Title Standards are reviewed regularly by the committee and are considered authoritative by Minnesota lawyers and courts. As in past years, these regular reviews resulted in proposed changes to the standards which were adopted by the section at its annual meeting.

Legislative Committee. This committee also continued its ongoing work under cochairs Charles A. Parsons, Jr. and Kevin J. Dunlevy of Minneapolis. This committee successfully obtained the passage of Chapter 11 of the 1999 session laws amending Minn. Stat. 508 and 508A to eliminate the need for owners duplicate certificates; amending Minn. Stat. 359.02 to permit application for year 2000 notary commissions on or after July 1, 1999; amending Minn. Stat. 515B to integrate the old and new condominium statutes; and amending Minn. Stat. 559.21 to increase attorney fees a defaulting buyer must pay to the seller upon reinstatement of a Contract for Deed under cancellation. Special thanks must also be given to Mike Flanagan and Jim M. Neilson who worked with the committee to amend Minn. Stat. 300.045 to make the pipeline location amendment retroactive.

Certification Council. Charles H. Andresen of Duluth and John M. Koneck of Minneapolis continued to oversee the section’s certification of real estate specialists. Preparations are now underway to test for certification in the 1999-2000 year. The total number of lawyers now certified is 343. In January of 1999 the Certification Council published results of certified real property specialists with generally positive comments on the program. During the year a separate Web Site directory of certified real estate specialists was completed. The Web Site address is www2.mnbar.org/certify/rplist.htm.

Residential Real Estate Committee. This active committee is chaired by Kimball Foster of Minneapolis. During the past year the committee has worked on a modification of the Minnesota Standard Residential Purchase Agreement and Warranty Bill of Sale and is working on a Minnesota Standard Residential Purchase Agreement for New Construction, a Seller’s Disclosure on the condition of property-buyer’s home inspection contingency to be used as an addendum to a Purchase Agreement, and a Minnesota Standard Residential Lease form. The section continues to benefit financially from the work of this committee through the receipt of royalties under a licensing arrangement with Miller Davis Company.

Liaison Committee. This committee has become established largely through the efforts of Chairman Daniel R. Tyson of Minneapolis. The committee has as its goal the facilitation of communication among real estate industry organizations representing groups such as surveyors, realtors, appraisers, and lenders. The committee focuses upon legislative and public policy issues and is striving to achieve improved communication and consistency in the involvement of the various member organizations.

Fall Institute. This committee is cochaired by Angela M. Christy of Minneapolis and Craig W. Johnson of Austin. The committee cosponsors and coproduces an annual one and one-half day Real Estate Institute with Minnesota CLE every November. The 16th annual program was held November 13-14, 1998 at the St. Paul River Centre with a record attendance of 1,040 participants. A survey of attendees rated the institute at 6.06 out of a possible 7. The next such program is scheduled for November 19-20, 1999 at the St. Paul River Centre.

Distinguished Service Awards. Under the leadership of James M. Neilson of Anoka, the section continued its program of recognizing senior lawyers who have made significant contributions to the field of Real Property Law during their careers. Under that program, Louis M. Ohly, Sr. of Rochester and Ralph H. Tull of Minneapolis received Distinguished Service Awards at the section’s Sixteenth Annual Institute last November.

Web Site/Newsletter Committee. Under the direction of Kareen R. Ecklund of St. Paul this committee distributed the section newsletter containing information regarding the activities of the section and developments in Real Estate Law to the membership in October 1998 and May 1999. This committee maintains the section’s Home Page on the MSBA Web Site located at http://www2.mnbar.org/sections/real-property/index.htm. Through the efforts of this committee real property section members were provided the opportunity to attend the Web Site part of the Ethics and Technology in Real Estate Practice Session of the June 8, 1999 CLE Real Estate Convenience Series.

Miscellaneous. At the request of the Minnesota Supreme Court, the section filed a brief as Amicus Curiae in Pergament v. Loring Properties, Ltd. taking the position that the doctrine of merger should not be avoided when the servient and dominant estates come under common ownership subject to outstanding mortgages unless the mortgagee comes into title through foreclosure or deed in lieu of foreclosure. A committee consisting of Ted Deaner of Rochester, Larry Brynestad of Brooklyn Park, and Craig Johnson of Austin coordinated this matter.

In an effort to encourage newly admitted lawyers to join and participate in section activities, the Section Council has approved free membership in the section to match the free membership period MSBA provides new admittees.

Summary. The Real Property Law Section is broadly represented throughout the state. Thanks in large part to the efforts of the various committee chairs and their members, it provides a real benefit to the membership. Because the benefit to the Bar and citizens of the State of Minnesota is through the active participation of the membership, we encourage each and every one of you to contribute your time, ability and experience to the committees of the section.

James C. Uecker,
1998-1999 Chair

MSBA Real Property Law Section
1997-98 Annual Report

This section's mission is to afford a means by which all interested MSBA members may join in furthering the Association's work in the field of real property law. It does that through an elected council augmented by the chairs of several committees.

The section now has approximately 1,960 members. That makes it the largest single MSBA section. The council, as usual, met a total of five times during the year. And the committees met uncounted times during the interim.

Title Standards: The section's Title Standards Committee continued its ongoing work under cochairs Lorens Q. Brynestad of Brooklyn Park and James D. Sinclair of Detroit Lakes. Title Standards generated by that committee and approved by the section are considered authoritative. This year, there were about six changes.

Legislation: The section's Legislative Committee also continued its ongoing work under cochairs Charles A. Parsons Jr. and Kevin J. Dunlevy of Minneapolis. Through that committee, the section successfully advocated amending Minnesota statutes governing: conveyances by religious corporations (Minn. Stat. § 315.121); trustees' affidavits and certificates of trust (Minn. Stat. § 501B.57); signatures on recorded documents (Minn. Stat. § 507.24); conveyances to or from trusts as opposed to trustees (Minn. Stat. § 507.521); and creditors' redemption periods following mortgage foreclosures (Minn. Stat. § 580.24).

Certifying Specialists: The section continues to certify real property law specialists under the regime of its Certification Council chaired by Charles H. Andresen of Duluth and John M. Konek of Minneapolis. During the past year, 20 additional lawyers were certified. The total number of lawyers now certified is 346. The next opportunity for certification is now planned for the year 2000. The council is currently developing a program to promote them as such.

Residential Real Estate: The section has an active standing Residential Real Estate Committee chaired by Kimball Foster of Minneapolis. During the past year, it has generated six new residential real estate forms making a total of 19 which are marketed through Miller Davis Company under an arrangement paying royalties to the section. Partly because of that revenue, the section will reduce its annual dues from $20 to $15 next year. The committee is also proceeding with other projects. Examples include using the section's internet home page to publish answers to commonly asked residential real estate questions, and distributing its article comparing the MSBA residential purchase agreement form with the counterpart promulgated by the Minnesota Association of Realtors.

Liaison Committee: Formed in 1996-1997, the section's liaison committee has gathered impetus under the direction of Daniel L. Tyson of St. Louis Park. To attain its goal of facilitating communications among various real estate industry organizations, it has generated a series of meetings among representatives of more than a dozen such organizations to discuss matters of mutual concern.

Fall Institute: One of the section's ongoing programs is its annual CLE Institute co-produced with Minnesota CLE every November. The 15th such program generated a new record attendance of over 1,000 lawyers last November. Co-chairs Angela Christy of Minneapolis and Craig Johnson of Austin will lead the 16th such program in St. Paul next November.

Distinguished Service Awards: The section also continued its program of recognizing senior lawyers who have made especially noteworthy contributions to the field of real property law during their careers. Under that program, Richard W. Edblom of Minneapolis and Ralph T. Smith of Bemidji were given Distinguished Service Awards at the section's 15th Annual Institute last November.

Information Services: The section now has its own home page on the MSBA's web site located at www.mnbar.org on the World Wide Web. And it has an ad hoc committee chaired by Kareen Ecklund of St. Paul working to improve its content and utility. Along with that, the section plans to periodically mail pertinent section and real estate news to its members. The first such was mailed in April. These services are seen together as a modern day improvement over the old newsletter.

Summary: The section remains active and useful. It has members in all parts of the state. And it solicits, welcomes, and offers opportunities for active participation by any and all who are interested and willing to contribute their wisdom, time, and ability.

--Ted E. Deaner,
1997-98 Chair

- Last Updated 10/15/04 -