Legal Question in Real Estate Law in Minnesota

My husband is an independent owner operator leased onto a company. For the past nine years he has parked his rig on the south side of our property - which is also an easement. He has received a citation from the city we live stating he can not park there as it is not 'our' property. The city does have an ordinance stating nothing over 12000 gvw can be parked on residential property. Our issue is that no other owner/operator or motor home owner has received any notice like we have. Is there any recourse open to us


Asked on 12/16/13, 9:19 am

1 Answer from Attorneys
Morgan Kavanaugh Wilkerson & Hegna, PLLP

If the basis of the city's citation is that you cannot park there because it is not your property, then you have a basis to challenge the citation if you in fact are entitled to the use of an easement. An easement gives you property rights to use that property. If the basis of the citation is the city ordinance regarding weight restrictions, then that's a more difficult issue that would require further research.

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Answered on 12/16/13, 10:03 am


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