Legal Question in Real Estate Law in Minnesota
Property rights?
Two years ago, the 10 acre lot next to my property was sold to an attorney who decided to build a home. He proceeded to haul trucks, backhoes, various machines across the front of my property. I went ahead and planted spruce trees five feet from the property line. A couple of weeks later, he put his driveway in. It runs the length of my trees as close in some spots as 2 feet. He also put his electrical lines right on the property line. I took photos of my trees well before he put his driveway in. What I am afraid of is this, when the trees get more mature, they will spread along with the root system. Do I have any rights as the property owner of the trees that were established before he put his driveway in.? Should I contact an attorney in this matter? Thank you.
1 Answer from Attorneys
Re: Property rights?
If I remember first year lawschool property correctly, you are OK until your trees cross the property line. At that point your neighbor could start cutting off he part of the roots on his side of the line.
Yes, it would be a good idea to consult a lawyer. There's lots of questions such as:
How do you know where the line is?
Does the neighbor have any kind of an easement?
Does your city or township have setback requirements? If so, how do they apply to driveways? To trees?
Good luck. This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.
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