Legal Question in Real Estate Law in Minnesota
My wife and I own and had a 10 acre peice of property surveyed about a year ago, she and her past husband owned a 40 that was spit, there is a fence that runs along the east side of the land, after we had our peice surveyed, we found that the line is aprox. 6 feet beyond the fence, they used and maintained this fence for many years, now the neighbor to the east is claiming that the fence is his and that it is the prop. line,Not the survey Pins. even tho he has never used the land in the last 20 years. any ideas ?
1 Answer from Attorneys
If you are researching this yourself you want to look up cases on "adverse possession" and similar. Generally, if you use a piece of land in an "open, notorious, hostile, and exclusive manner" for 15 years, and if you can convince the court of that, you have established title by "adverse possession" Cases like this usually wind up in court because no one can agree on what the facts may be.
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