Legal Question in Real Estate Law in Minnesota
Adverse Possession
My wife and I purchased our first home three months ago. The landowner to our west owns 90 acres of fields he is going to develop. To our east is a restaraunt. Our two acres is setback approx. 100 feet from the road, and we own a 33 foot strip of land to connect our lot to the road. Our neighbor's lawyer sent us a letter saying 90% of the driveway does not sit on this 33'. He wants to pay to move it further west so he can sell land to the restaraunt for additional parking. We do not want the driveway moved! It is origional, having been there for 40 years. If it is indeed 10 feet off our land, does the adverse possesion law apply, and do we stand a good chance of keeping our driveway?
1 Answer from Attorneys
Re: Adverse Possession
Adverse possession is a complicated theory, but it sounds as if you may have such a claim.
The first thing I would want to check is whether the land you are encroaching upon is Torrens or Abstract. The last time I checked, adverse possession only applied to Abstract property. You definitely want it to be Abstract.
A lawyer could check on this for you, or you could go to the County Recorder's office and figure it out yourself - it might take a while, but you should be able to do it.
Good luck.
This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.
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