Legal Question in Real Estate Law in Minnesota

You should not take it down as you may have rights to that land. You may have a claim against that property through "adverse possession" which requires proof of several elements, the most important being possession for at least 15 years. You may also have established rights to that property through a legal doctrine called "Boundary by Practical Location" which is a way to establish boundary lines in one of 3 ways: (1) acquiescence; (2) agreement; and, (3) estoppel. You should contact me immediately to discuss further if you have a case against your neighbor and the best course of action.

It is possible that the fence has "become the true boundary". It would, likely, take an action to establish that for certain. There are many issues here. For instance, if you are selling, what does your buyer want to do? How long has the fence been there? How long have the properties been in separate ownership? Is the land abstract title or Torrens title? Have you reviewed the survey which your neighbor says shows the fence to be "part on his land".

Do not offer to purchase the offending strip at this stage of the game.

You should consult an attorney to review the facts and (preferably) the new survey before deciding on a course of action.