Legal Question in Real Estate Law in Minnesota

I just recently bought a foreclosed rural residence, as i I was the highest bidder. My property is 3.86 Ac., with a 60 ft. wide driveway to the Co. Road, as the bulk of the land is 500 Ft. from the highway. The former owner now still owns a 3.74 Ac. parcel directly abutting, to the East, but is not served by a similar driveway. He now tells me, due to what is called " an easement of neccesity", and under the Minn. laws, " of prior use",in excess of fifteen years {actually thirty six years}, he has the ability to drive up my driveway, over my land, as there appears to be a private road as used in the past.Also, his parcel was now assigned an address number, by Dakota Co., as they see for the purpose of access, by emergency responders, as the only means.There was no mention of this by the seller/lender, nor the realter, and my Title Insurance Co made no mention of this. Must I allow this? As he claims, if I was to stop or block him of this access, I would be guilt of "Trespass", on my own property. What must I do now?


Asked on 6/08/13, 2:25 pm

1 Answer from Attorneys
Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Hello. Your post raises multiple mixed issues of law and of fact. You need attorney assistance. This website provides general information, not legal advice. The issues may include prescriptive easement and notice and disclosure obligations. Please contact a private attorney for assistance. You should not delay, because you may lose certain rights irrevocably by delay in asserting your rights. Some attorneys, myself included, are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys, myself included, will provide a reduced fee for financial hardship. Some attorneys, myself included, may also assist you in limited scope manner to conserve legal costs. All the best.

Read more
Answered on 6/09/13, 7:45 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Minnesota