Legal Question in Real Estate Law in Minnesota

Property

My grandmother lives on a lake in Minnesota. An indian tribe has written her numerous letters saying that she is using 12 feet of their land to gain access to her home and if she continues it will be considered trespassing. They say they have no record of rights of way, but in early 1992, she made a verbal agreement with a tribal member who granted her rights of way for monthly sums until the year 2000. After that no more payments would be necessary. However, this cannot be proven yet. Now the tribe will be erecting a fence which will block access to her home. They threaten to prosecute if the fence is tampered with. She is not alone. 2 of her neighbors received the same letters. Out of fear, my grandmother purchased another home. An elderly couple who lived next door, did the same. They both have been inundated with calls from random people offering to buy their homes for ridiculous amounts. Neither home has been listed, nor is up for sale. This all seems illegal. Any advice?


Asked on 6/07/07, 1:27 pm

2 Answers from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Property

Tribal lands are like independent countries in many ways. She sould consult with a real estate attorney, in person or on the phone, in Minnesota.

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Answered on 6/07/07, 1:57 pm
George Shers Law Offices of Georges H. Shers

Re: Property

Mr. Berger is correct that she needs expert advice that most attorney's can not provide. Under California law she might have an easement by necessity [no other way to get to the property], prescriptive easement [from usage], if she originally bought the land from the Indian tribe them might be estopped from raising the argument because it would have been a purchase of worthless land, etc.

As to the bargin hunters calling, it is not illegal although how they got her number might be if someone breached a confidential source of information, but how is she going to find out? If there are really a large number of calls, she should have call screening to see if it is a familiar number or just pick up after the voice recorder comes on and she can tell who is calling. If she finds a better way, tell me as I get tons of calls for refinancing my home.

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Answered on 6/07/07, 4:05 pm


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