A Well Certificate is required for a land transfer if one of the following occurs:
- The property being conveyed has a well.
- The deed tax exceeds $1.65.
- The transfer requires a Certificate of Real Estate Value.
The Well Certificate fee is $54 payable to: Dakota County Property Taxation & Records.
A well disclosure statement is not required if there are no wells on the property. Before signing an agreement to sell or transfer real property, the seller must deliver a statement to the buyer that the seller does not know of any wells on the property. The deed must contain the statement: "The seller certifies that the seller does not know of any wells on the described real property."
In the case of a contract-for-deed sale, the certificate is prepared and signed by the seller (grantor) or person authorized to act on behalf of the seller (grantor), when the contract is recorded at the beginning of the contract. When the contract is recorded at the fulfillment of the contract, the certificate is prepared and signed by the buyer (grantee) or person authorized to act on behalf of the buyer (grantee).
If the status and number of wells remain unchanged, the seller is not required to file a new Well Disclosure Certificate. However, the seller must provide a statement on the deed that states: "I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate." This statement must be followed by the signature of the seller or buyer, or person authorized to act on behalf of the seller or buyer.
If there has been a change in the number and/or status of wells, the seller needs to file a new well disclosure certificate.
Find more well disclosure information from the Minnesota Department of Health.