• Menu
  • Skip to right header navigation
  • Skip to main content
  • Skip to secondary navigation
  • Skip to primary sidebar
  • Skip to footer

Before Header

(800) 496-6789

Fryberger Law Firm

Standing by you. Standing for you.

  • HOME
  • ATTORNEYS
  • LEGAL SERVICES
  • NEWS AND ARTICLES
  • HISTORY
  • CONTACT US
  • Search
  • HOME
  • ATTORNEYS
  • LEGAL SERVICES
  • NEWS AND ARTICLES
  • HISTORY
  • CONTACT US
  • Search

Legal Tips for Home Construction

You are here: Home / Blog / Legal Tips for Home Construction
Melissa Maloney

April 1, 2012 //  by Melissa Maloney

Carefully Choose the Land

The primary consideration in choosing land to build on is whether the home you want can actually be built on the land. Contact the local zoning authority to determine the applicable zoning restrictions. Most zoning codes contain setback and spatial limitations which affect the size and placement of new construction and home additions.

If you plan to remove an existing home and rebuild, make sure the zoning code allows rebuilding on the land. You can’t assume that just because a home is on a parcel that you will be able to remove it and rebuild.

The presence of wetlands and other natural features can affect a parcel’s suitability for construction. A contractor can help evaluate whether there are natural features that will affect building options or increase construction costs.

Determine whether public water and sewer are available. If not, determine whether there is an appropriate site and sufficient space to dig a well and construct a septic system.

Work with your agent or attorney to craft appropriate contingency language to include in your purchase agreement for the land.  The contingencies should allow you to investigate the issues listed above before you close on the purchase of the land. Most importantly, the contingency should allow you to cancel the purchase agreement if you discover the land is not suitable for the planned improvements.

 

Buy Title Insurance

A title insurance policy insures the right of ownership to a parcel of land. Title insurance insures against risks caused by possible defects in title based on past events, such as a mistake in a past conveyance.

An important title insurance consideration when building a new home is the amount of coverage to purchase. Typically, the amount of coverage in an owner’s title policy is equal to the purchase price of the property. However, when a vacant land is purchased with the intent of building a new home, the purchase price of the vacant land will not reflect the value of the property after the new home is constructed.

Therefore, a title policy in the amount of the vacant land purchase price will leave you underinsured once construction is complete. Talk with your title insurer about getting an endorsement to your title policy which will allow you to purchase additional coverage post-construction.

 

Get a Survey

A survey is the process by which a parcel of land is measured, and its boundaries and contents located and mapped. It consists of a scaled drawing depicting the locations of buildings, streets and other improvements in relation to boundary lines.  A survey assists a buyer in understanding exactly what property is included in a transaction and the location of any improvements. A survey can also reveal problems with the land, such as overlapping boundary lines or improvements built on top of a boundary line.

 

Carefully Choose A Contractor

We have all heard horror stories about contractors who abandon a job before finishing it, or run up costs way beyond what was agreed upon, or accept a deposit for work and then never show up to do the work. Hiring a quality, reliable, licensed contractor is an essential step towards a successful home-building project.

To help ensure that your contractor is a good one: (i) check with the Minnesota Department of Labor and Industry Residential Building Contractors Unit to determine whether a contractor is licensed and to see if they have negative information on file; (ii) check for judgments, tax liens, or other lawsuits at your local Court Administrator’s office (located in the county courthouse); (iii) ask for recommendations from friends, architects, and local lumber yards, or anyone else whose advice you trust and is associated with the building trades.

Once you have chosen a contractor, be sure to enter into a written contract that contains as much detail as possible regarding the work to be performed, the materials to be used, the timeline for completion, and the price the contractor will charge for the work.

 

By Melissa Maloney

Published in The Woman Today Magazine, April/May 2012

Melissa Maloney is shareholder at Fryberger, Buchanan, Smith & Frederick, P.A.  She practices in the areas of Banking and Lending Support Services, Project Development, and Business & Personal Real Estate.


 

Category: Articles

You May Also Be Interested In:

The Impact of Covid-19 on Commercial Lease Agreements

Attorneys at Fryberger Law Firm Named Best Lawyers in America

State and Local Budget Concerns

Attorneys at Fryberger Law Firm Named Minnesota Super Lawyers

Samuel Richie

2020 Legislative Session Recap

Workplace Harassment: What Employers Must Know

More “Touchless” Transactions Will Require Greater Vigilance by Businesses to Protect Customer Data

Construction Contract Considerations: An Ounce of Prevention is Worth a Pound of Cure.

Lender Alert: Bank Loan Payment Accommodations on Tax-Exempt Bank Loans during COVID-19

Previous Post: « What is a Voluntary Foreclosure?
Next Post: Tips When Purchasing Foreclosed Property »

Reader Interactions

Primary Sidebar

Meet Our Attorneys

Attorneys licensed in Arizona, Michigan, Minnesota, North Dakota, & Wisconsin

View Our Legal Services

Contact Us

Trusted, modern legal expertise.

RECENT POSTS

The Impact of Covid-19 on Commercial Lease Agreements

Attorneys at Fryberger Law Firm Named Best Lawyers in America

State and Local Budget Concerns

Footer

Attorneys

  • Meet Our Attorneys
Attorneys licensed in Minnesota, Wisconsin, Arizona, Michigan & North Dakota

Our Offices

Fryberger Law Firm
(800) 496-6789
info@fryberger.com

Duluth, Superior, Cloquet, St. Paul

Contact Us

Contact the Fryberger team today. Premium legal services. Deep commitment to clients.
Get in touch with us today →

  • Home
  • Fryberger Attorneys
  • Legal Services
  • News and Articles
  • History
  • Contact Us

Site Footer

This web site is not intended as, and does not constitute, either legal advice or a solicitation of any particular prospective client. You should not rely on any information contained herein regarding your specific situation until you have consulted with a qualified attorney. An attorney-client relationship with Fryberger, Buchanan, Smith & Frederick, P.A. cannot be formed by reading or responding to this web site; such a relationship may be formed only by specific and explicit agreement with an individual member of Fryberger, Buchanan, Smith & Frederick, P.A.

Copyright © 2021 All Rights Reserved.