Legal Question in Real Estate Law in Minnesota
My Neighbors Fence
My Mother whom is deceased now Let our neighbor put up a fence one ft. over our property line as he had obstructions (buried footings) on the property line.
The fence is getting old so this spring the neighbor repaired his side of the fence.
Doesn't he have to repair our side also? NO agreement was made either way between Him and My Mother. I thought according to MN Law the owner of the fence has to keep up the fence, If this is so where Can I find the Particular State Statute that Addresses this situation?
Thank you.
1 Answer from Attorneys
Re: My Neighbors Fence
Disclaimer:
This response is for general information purposes only and does not create an attorney-client relationship. You are advised to seek the advice of the attorney of your choice concerning the specifics of your case.
Response:
In my opinion, if the fence is on your land, you are the owner of the fence and it is your responsibility, in a case where there is no agreement to the contrary. You also probably have a right to tear down the fence.
What you need to watch out for here is adverse possession. In Minnesota when a person treats land as if it was their own for 15 years, without permission and with notice to the real owner, with no objection or action to prevent what is going on from the real owner, a court may issue an order saying that the land belongs to the person who has been acting like the owner. Only a slight change in your story (or a few lies from your neighbor) and you would have this situation. The property line might move without your consent.
I suggest you consult with an attorney and consider tearing the fence out of there before it creates a problem for you; or if your neighbor needs that land for a fence, consider selling him the strip of land.
Good luck.
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