Legal Question in Real Estate Law in Minnesota
We are planning on putting up a fence in our backyard. The neighbors have a fence up currently. We got a survey done for our property lines and discovered that we actually own part of what we all thought was their backyard. Now they dont want to move or remove their fence that is on our property. Can we remove it ourselves? Do we need the police/courts involved? We were friends and now they are just mad at us because they think that they are losing "their" backyard. Its a matter of a few feet not a few inches!
2 Answers from Attorneys
There are a lot of variables here -- principally, however, there is the doctrine of adverse possession and that of boundary by practical location. If the fence has been there long enough, your neighbors MAY own the land up to the fence, even though the land described in your deed and shown by the survey shows you are the owner. You will need to do a bunch of investigation and you should visit with an attorney about this.
The survey may or may not control ownership of the boundary space, depending on your circumstances. Assuming you do own the disputed area, there are numerous ways to resolve this, many of which do not require your neighbors remove their fence. For example, you could grant to your neighbors an easement to continue maintaining a fence on your property. In any event, the issue needs to be resolved before either you or your neighbors attempt to sell your properties, or it may be a title defect. You need to consult with an experienced real estate attorney to discuss this matter further.
Joel A. Hilgendorf
Phn:� (952) 941-4005
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