An interesting case coming from the Minnesota Court of Appeals addresses whether restrictive covenants on real estate in Duluth expired after 30 years such that the Pike Lake Golf Course can be sold and, subsequently, not used as a golf course any longer.
At issue is whether Minn. Stat. 500.20 and its language that covenants and restrictions recorded on property expires after 30 years applied to an agreement made and recorded 1931. Related, but what seemed like a reach, was whether, through a variety of written instruments, a real estate trust was created to preserve the golf course.
Both the trial court and appellate court held that the obligation to maintain the property as a golf course expired pursuant to statute. As such, the beloved golf course can now be sold and turned into something else.
How do you avoid this? The answer is simple: You create a trust and put the land in the name of the trust. This, as compared to the restrictive covenants on the golf course's deed, insulates the property from statutory issues such as terminating covenants.
If you want your property in Hugo, Grant, or anywhere in the state preserved, do call and we can discuss how to perpetuate your wishes for your land.
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