Legal Question in Real Estate Law in Minnesota
I have shared property easement with 9 other owners. It is lake access. One of the owners is blocking access to the lake to put boat lifts in and also blocking access on the other side. Completely blocking in 4 boat lifts that are now trapped. She says if we touch her boat lifts that are blocking ours in she will take legal action against us. We are trapped and can’t use our dock and lake due to the obstructions. What can we do?
1 Answer from Attorneys
Shared easements for lake access can be tricky and often result in disputes similar to what you describe. The first thing we'd want to do is review the easement document itself to determine the rights and responsibilities of all parties. There may also be a historical use component depending on the terms of the easement itself and use over time. Typically, one easement holder cannot block use of the easement from other users that also have rights to access the easement. Please contact me to discuss some options to protect your property rights. My office number is 952-897-1707. Thanks! -Morgan Kavanaugh (www.wilkersonhegna.com).
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