Legal Question in Real Estate Law in Minnesota
Neighbors sidewalk over property line.
My neighbors sidewalk around her side door steps, extends over the property line onto my property.
I purchased my house in Minneapolis in 1990. I noticed this problem a few years later but did not act on it.
My neighbor now wants to sell her house. I would like to get this problem corrected before she lists her house for sale. I mentioned to her that the sidewalk was over the line and she said she was not aware of it and did not volunteer to do anything about it. She has been avoiding me ever since.
Do I have any legal recource after all this time?
1 Answer from Attorneys
Re: Neighbors sidewalk over property line.
You are dealing here with a body of law about what is called adverse possession. I can't possibly cover the ins and outs of it here. The general principal is that if anyone treats property as theirs long enough without objection from the true owner, it's theirs. If my memory serves, the time period in MN is 15 years. I would have to look that up to be sure.
It's complicated. You can demand that the sidewalk be moved. That might be the safest thing. Your rights might also be protected by a letter saying that it's your land but you have voluntarily allowed the sidewalk to be there. If you have given permission for the neighbor to use your land, the possession is not adverse and the theory does not apply. The rule also does not apply if your land is torrens.
You need to talk with a lawyer about this. You might also need the services of a surveyor.
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