Legal Question in Real Estate Law in Minnesota
Assessed 10 years ago but work never done
We are starting to build our house within the next 2 weeks and I have a problem. In 1994 the city ran new sewer and water adjacent to our property and the owner at that time was assessed $5000 for ''Sanitary Sewer, Watermain and Service''. I was told by the clerk at city hall that she
recalls him asking for the connection to be setup because he wanted to put a carwash on the property but he never did. I have looked all around using a metal detector and I cannot find a curb stop. I now have an estimate to have the sewer and water service put in for $2000. When I approached the city clerk with this she told me that any
dissagreements regarding assessments need to be filed within 30 days of the public meeting and since that was 10 years ago I am out of luck. My point was that I don't have a problem with the assessment amount but that the work was never done. Any advice would be greatly appreciated.
1 Answer from Attorneys
Re: Assessed 10 years ago but work never done
Sounds like a standing question. Standing is what you need before you can make a claim against someone or some organization. The previous owner may have been cheated, but unless you are being asked to pay the $5,000, it's not your problem.
It's like the case about the pledge of allegiance. A guy without custody of the child has no claim that the child is being harmed. You didn't have custody of the land, at least not when the screwup too place.
If the $5,000 never got paid and is still a lien against the land, that might be another matter. You might be able to sue the city for the cost of the work that they were supposed to have done.
If the seller of this property made promises or representations to you about something that turns out not to be there, you may have a claim against the seller.
The more I consider the possibilities, the clearer it becomes that you need to actually talk with a lawyer. Law Guru is fun, but it really can't cover all the variables.
Good luck.
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