Legal Question in Real Estate Law in Minnesota

Easement

25 years ago I purchased real property granting a 14' easement to 2 adjoining properties The current owner of one of the properties now wants to subdivide into 4 lots, and the city has allowed him to ask for a variance of 16'. Since I am the fee owner (translate: taxpayor) of the easement, can the property be platted without my approval? I can't understand the city even permitting him to request such a variance. I can't bear the thought of 8 or more additional cars running back and forth along my property line. What are my rights, please?


Asked on 5/24/05, 6:15 pm

1 Answer from Attorneys
Steven Vatndal Law Office of Steven J. Vatndal

Re: Easement

I need more facts to be sure, but you may have the ability to prevent use of the easement by the subd., or at least substantial leverage with which to negotiate favorable terms.

You need legal representation and then intervene in the platting/variance process quickly (before the Board of Adjustment considers the variance would be best). It gets more difficult and you may lose options if you persue this later in the process.

I am certified by the Minn. State Bar Assoc. as a real property law specialist, and would be glad to speak w/you. 507-345-8290

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Answered on 5/25/05, 5:57 am


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