Legal Question in Real Estate Law in Minnesota

Property use
My half acre lot backs up against a wooded area which is owned by the homeowners association, which I am a member of. For approximately 10 years, I've maintained a fire pit and permanent benches that encroach about 10 feet into that 'common' association area. In those 10 years, the association has never voiced any concerns with this. Recently, the association had my property resurveyed and determined that I'm infringing on the 'common' association area, and have asked me to remove the fire pit and benches. I've heard that Minnesota has laws that give rights to people who have maintained and used property for a given amount of time (7 years?). Is there any truth to this and do I have any rights that would prevent my homeowners association from forcing me to move my fire pit and benches? Thank you.

Asked on 1/03/05, 8:14 am

Maury Beaulier612.240.8005 Minnesota Lawyers

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Re: Property use

The situation you describe is unlikely to create an open and notorios possession which would result in an adverse posession.

Answered on 1/03/05, 8:57 am

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