Legal Question in Real Estate Law in Minnesota

Re: Fence on our property

He can successfully gain ownership of the fence, and the land between it and his deeded property, through adverse possession. He must prove by clear and convincing evidence that he or his predecessor in title erected the fence at least 15 years ago and that it was done without the express consent of the then-owner of your land and that it has been up continuously since then.

Obviously, if it is getting close to 15 years, you must act quickly.

Since it is on your property, you can remove the fence and start maintaining the rest of your deeded land. If you suspect that he will resist or obstruct the removal (or if he does so while you are removing it) stop removing it and contact your police or sheriff (depending on where you live). Show the police your survey and ask them to have a deputy present during the removal. If they won't do this, you will have to bring a quiet-title action. You will need legal assistance. Please contact me if you would like to discuss retaining me in this matter (507-345-8290).

Re: Fence on our property

You should check with the prior owner of the house about the fence. Is there any agreement between your seller and your neighbor about the fence? Also, I would contact the title insurance company through whom you closed the purchase to see if you bought owners title insurance and if so, do you have coverage for this? The legalistic answer is that if he's occupied the land for 15+ years without permission he has become the owner. Perhaps, however, you should consider this: When you bought the house you saw the fence. Did someone tell you that the fence was yours? If so, ask that person to back up what they told you. If no one told you that the fence was yours, wouldn't you have assumed that it was the boundary? If so, what is the harm in having it remain the boundary while it is up?. By that I mean you could enter into an agreement that the neighbor has your permission to have his fence there; when, as, and if the fence comes down the boundary line reverts to the original, platted, line. The practical problem is that you have to live next to this guy, and there's nothing like suing people to sort of impair the friendliness of the relationship. However, the next owner of your neighbor's house may hate fences and want it torn down. I would also check with the City in which you live to see if "losing" a foot to a fence makes your lot out of compliance with the zoning laws in your town. I tell people with boundary problems to take a coffee cake over to the neighbor, introduce themselves, and make nice. You can spend LOTS of money fighting over a fence, or two feet of lakeshore, or a field fence line.