Legal Question in Real Estate Law in Minnesota

Boundary Dispute on Sold House

I sold a house which I contracted to build. The house

was built 7 and 1/2 years ago and sold 4 years ago. I

had a survey done where just the corners of the

property were marked. The current owner had a more

complete survey done and my house is too close to the

property line. There is a 10 foot setback requirement

and I built within 6 inches. The current owner built a

new garage over the property line. I was represented

by a realtor in the sale who the new owner claims

showed him the property lines. What is my liability?

Would the realtor have any liability? How should I

proceed? This is in Cass County. Thanks.


Asked on 3/03/04, 8:21 am

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: Boundary Dispute on Sold House

I see your liability as minimal. You were only six inches off, and undoubtedly you had a building permit and an inspector from your city or county signed off on the deal.

The realtor is another matter. He could be liable, but that buyer would have to prove it.

About that garage, I am wondering how did the guy get a building permit and where were the inspectors in all this. Is Cass County that loose? Did he build without a permit?

Frankly, it sounds like the buyer is whining and should suffer the consequences of his own carelessness. His own careful inspection before he bought could have discovered the problem.

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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Answered on 3/03/04, 11:32 am


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