Legal Question in Real Estate Law in Minnesota
Easement
i own a 16 ft wide strip of land leading to a lake. it is subject to an easement by 7 other families. The easement reads ''full and free right and liberty for them, their tenants, servants and visitors in common with all other persons having the like right, at all times hereafter, on foot, but not with horses, cattle or other animals, carts or carriages, automobiles or other vehicles of any description, to pass and repass along the said road extending from lake owasso boulevard to the shore of lake owasso for all lawful purposes connected with the use and enjoyment of the premises of the second parties as a single family dwelling but for no other purposes''.
The 7 families have a dock they install each spring and store on the land in the fall. Can I remove the docka and at some point in the future, install my own?
1 Answer from Attorneys
Re: Easement
The lake access easement is complicated by the fact that the dock is a use of public waters. The language of the easement must be construed in the context of the land and its uses. For example, are there restrictive covenants, subdivision plat or other documents that comment on the right of lake usage by the off-shore properties. Also, even if you can remove their dock, would your dock then obstruct their access to the lake and thus obstruct their easement. Also, how long has the current use of the easement existed; have any prescriptive rights accrued?
I am one of the few lawyers in Minnesota certified as a real property law specialist by the Minnesota State Bar Association, and am familiar with these matters. Before you do anything, you should hire a qualified lawyer to review the facts and your plans in detail, because it appears likely that you will be sued depending on the action you take.
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