Legal Question in Real Estate Law in Minnesota
Property disputes
After numerous years of the acceptance of a common property boundary. My neighbor had a survey done which he states shows he owes about five feet of property we have maintained and have built on over the past 7 years since we bought the house. Is there any law which protects us from his claiming the property. The accepted boundary (which he now disputes) has been used for at least the last 30 years that I know of. Is there some kind of usage law being we have maintained it the last seven years plus previous owners have maintained the same boundaries?
1 Answer from Attorneys
Boundary Dispute
It is possible that you would have a claim in adverse possession against the boundary. The real answer would require significant time and research and depend in part on what evidence you have that the property has been occupied over the last several years.
If you purchased title insurance when you bought your home you should contact the title insurance company to see if they will handle the claim. Otherwise you should contact an attorney to determine if you wish to pursue claiming the land in court.
This letter does not constitute legal advice, merely a brief response to the questions presented and the facts provided. Legal advice would require more in depth analysis of the issues, the facts and the law applicable to your situation.
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