Legal Question in Real Estate Law in Minnesota
property lines
my neighbor lives--name removed-- his elderly mother, he and his sisters have decided to sell the property and had a survey done. He is telling me that the fence and flag pole concreted into the ground that were in place long before i bought the property two years ago are on his property, and contacted an attorney who has informed me that i have until Oct.1st to have the fence and pole moved i am planning to have a survey of my own done, but if indeed the items are on his property do i have a legal leg to stand on or do i just have to move the items. Thanks
1 Answer from Attorneys
Re: property lines
This depends on whether you can prove in court that the fence and flag pole (I'm assuming that that they fence out your neighbor) have been in place for at least 15 years without the permission of the neighbor or his predecessors in title.
Since you have only been there two years, you or your attorney can check other ways to prove when the fence was constructed (such as neighbors, record of a building permit, your sellers, etc.).
You'll need the assistance of a lawyer to assemble this information and respond to your neighbor's attorney in an attempt to convince them not to sue. Sometimes a compromise can be reached, such as an agreement allowing the items to remain for a specified number of years and then requiring removal and the property going back to the neighbor. After you know your liklihood of success in court, it is important to try to settle to avoid the expense and aggravation of litigation. However, if litigation is forced on you, you'll need the lawyer anyhow to defend the case.
Please e-mail me directly if you have further questions.
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