Checklist
The land sale due diligence checklist for MN, WI and IA
Check access, boundaries, program enrollments, leases, rights, wells, septic and wetlands when you take a land listing, so none of it surfaces at closing.
By Jordan Johnson, Founder, Kedron Co.Updated 7 min read
Before a land listing goes live, check eight things: legal access, boundaries, program enrollments, leases, timber and mineral rights, wells and septic, wetlands, and the state's disclosure forms. Each one can stall a closing in Minnesota, Wisconsin or Iowa if it turns up late, and each one takes a phone call or a document request to settle at listing time.
This checklist tells you what to ask and who confirms the answer. It is not legal, tax or survey advice. The seller's attorney, surveyor, FSA office, DNR forester and county assessor have the final word on any parcel. Several items link to a full guide.
What should you check before listing land?
| Item | What to ask the seller | Who confirms it |
|---|---|---|
| Legal access | Is there a recorded road frontage or easement? | Title company, attorney |
| Boundaries | When was it last surveyed? Is this a split? | Licensed surveyor |
| CRP | Contract number, acres, expiration, payment | FSA county office |
| MFL (WI) | Order date, open or closed, management plan | DNR forester |
| SFIA, 2c, Green Acres (MN) | Covenant, classification, tax statement | County assessor, MN Revenue |
| Other agreements and easements | Farmland preservation, RIM, conservation easements | DATCP, BWSR, SWCD, attorney |
| Leases | Written or oral? Notice served? | Seller's attorney |
| Timber and minerals | Any timber sale or mineral reservation of record? | Title company, attorney |
| Wells and septic | Known wells, septic, burial sites, tanks | County, MDH or Iowa DNR, inspector |
| Wetlands | Mapped or suspected wet ground? | State DNR, wetland consultant |
| Disclosure | Which state form applies? | Broker, attorney |
Access and boundaries
Legal access is the first question, not the last. A gate on a field road is not an easement. Ask whether the parcel touches a public road or has a recorded easement, and have the title company confirm it. Each state has a statutory route for landlocked land:
- Minnesota: a town cartway petition under Minn. Stat. 164.08 (2025), with damages paid by the petitioner.
- Wisconsin: an application to the town board "to have a highway laid out to the owner's land" under Wis. Stat. 82.27 (2025).
- Iowa: condemnation of a way by the owner of land with "no public or private way" under Iowa Code 6A.4 (2026).
Each is a formal public process, so a parcel without recorded access needs an attorney's read before it's priced.
Boundaries and splits. Iowa is strict: "The grantor of land which has been divided using a metes and bounds description shall have a plat of survey made of the division," with limited exceptions (Iowa Code 354.4, 2026). In Minnesota and Wisconsin, ask a licensed surveyor what a split or an unclear line requires.
Order the survey early on a split. Program rules (MFL, SFIA, Green Acres) often depend on acreage, and a line drawn in the wrong place can knock one piece out of a program.
Program enrollments that stay with the land
This is where buyers get surprised most. Several programs bind the next owner, and a few need the buyer to act within days of closing.
| Program | State | What happens at a sale | Deadline |
|---|---|---|---|
| CRP | All three | Buyer may become successor and assumes all obligations. If not, seller refunds all payments plus interest and liquidated damages, unless CCC agrees otherwise | Successor within 60 days or another period CCC sets (7 CFR 1410.51) |
| Managed Forest Law | WI | Order stays with the land; buyer files a transfer form with a $100 fee | 30 days (Wis. Stat. 77.88) |
| Farmland preservation agreement | WI | "Will transfer to a new owner upon sale" | Ongoing (DATCP, April 2024) |
| SFIA | MN | Covenant runs with the land; seller notifies Revenue | 60 days (Minn. Stat. 290C.101) |
| Class 2c managed forest | MN | Buyer must apply again with a plan in their name | Before May 1 for next year's taxes (Minn. Stat. 273.13) |
| Green Acres | MN | Buyer must apply or deferred taxes come due | 30 days (Minn. Stat. 273.111) |
| BWSR easements, including RIM | MN | Easements transfer with the land when it sells | Most are perpetual (BWSR) |
The full rules are in three guides: what happens to a CRP contract when land sells, selling Wisconsin Managed Forest Law land, and Minnesota SFIA, 2c and Green Acres when land sells.
One Wisconsin misconception worth heading off: a sale alone doesn't trigger the use-value conversion charge. The Department of Revenue says the charge is "based on change of use, not classification," and the owner at the time of conversion pays it (WI DOR use-value FAQ, undated). A buyer who plans to build on farmland should ask the assessor about it.
Leases and tenants
Ask whether anyone farms, grazes or hunts the land, and whether the lease is written. The deadlines differ by state: Iowa requires written notice by September 1 to end a farm tenancy on March 1 (Iowa Code 562.7), Wisconsin requires at least 90 days' written notice for year-to-year agricultural tenancies (Wis. Stat. 704.19), and Minnesota's statute sets no September 1 date. The details are in farm lease termination deadlines in MN, WI and IA.
Timber, mineral and other rights
- Timber. Ask about any timber sale contract, cutting schedule or timber deed. In Minnesota, "a deed that conveys legal ownership of standing timber is subject to Deed Tax" (MN Revenue, undated).
- Minerals. The Minnesota DNR says mineral severance "is very common in northern Minnesota" and less common in the south, and the State of Minnesota is the largest single mineral rights owner, "holding about 24% of the mineral rights" (MN DNR, Mineral Rights Ownership FAQ, June 2016). On northern hunting land, ask the title company to look for a mineral reservation.
Wells, septic and what's in the ground
Vacant land can still have old wells, septic systems and dumps. The rules:
- Minnesota wells. Minn. Stat. 103I.235 (2025) applies to real property, not just homes. Before signing a purchase agreement, the seller discloses known wells in writing. A well disclosure certificate goes with the deed (the recorder collects $54), or the deed states: "The Seller certifies that the Seller does not know of any wells on the described real property." A seller who knowingly fails to disclose a well is liable for sealing costs and attorney fees if the buyer sues within six years.
- Minnesota septic. Under Minn. Stat. 115.55, subd. 6 (2025), the seller discloses in writing how sewage is managed before signing a sale agreement. Nondisclosure carries liability for compliance costs and attorney fees, with a two-year window to sue. Inspection at sale depends on county ordinance.
- Iowa groundwater hazard statement. Iowa Code 558.69 covers private burial sites, wells, solid waste disposal sites, underground storage tanks, hazardous waste and private septic systems. If none of those conditions are present, a statement "shall not be submitted" (Iowa Code 558.69, 2026). Ask the closing attorney whether the deed will carry the no-conditions language instead.
- Iowa septic at transfer. If a building where a person lives, gathers or works is served by a private septic system, the system must be inspected before any transfer of ownership, with listed exemptions (IAC 567-69.7, effective Sept. 10, 2025). If the parcel has a cabin on septic, ask the closing attorney whether an inspection is required.
Wetlands
Wet ground limits building sites, driveways and ponds. In Wisconsin, the DNR says its wetland maps "are not 100% accurate," offers a Wetland Identification Service at $300 per acre (up to 5 acres, 60 days or less), and provides a Wetlands Real Estate Addendum buyers can add to a purchase offer to check for wetlands (WI DNR, read Sept. 30, 2026). If a buyer plans to build, raise the addendum at the offer.
Which disclosure form applies?
- Wisconsin: the Vacant Land Disclosure Report applies to transfers of real property with no buildings and took effect July 1, 2018 (WRA Legal Update, June 2018). The current form is set out in Wis. Stat. 709.033 (2025). Answer any question on it about MFL, CRP, use-value or farmland preservation from the documents, and ask the broker and attorney how to handle anything unclear.
- Minnesota: the general seller disclosure statute defines "residential real property" as property occupied or intended to be occupied as a single-family residence (Minn. Stat. 513.52, 2025). The well and septic disclosures above apply regardless. Ask the broker and attorney what to disclose on bare land.
- Iowa: the groundwater hazard rules above apply to the deed. Ask the attorney which other disclosures the sale needs.
Who to call first
Most of this list is settled by five calls in the first week: the title company for access, easements and reservations; the FSA county office for CRP; the DNR forester for MFL or a Minnesota forest plan; the county assessor for 2c, Green Acres and use-value; and the seller's attorney for leases and disclosure. Start those calls the day the listing agreement is signed.
Every guide on contracts, rights and closing is collected under closing deals.
