Legal Question in Real Estate Law in Minnesota

our soon to be new neighbors just had a land survey done and found that our garage that was built in the 70s is 2 1/2 feet on their side of the property line. what are our rights?

Asked on 8/25/12, 8:53 pm

2 Answers from Attorneys

Daniel Reiff Reiff Law Office

This is a more complex answer than can be answered here. There may be an argument for adverse possession to be made, but it is impossible to say based on the facts here. I would suggest consulting with an attorney right away.

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Answered on 8/26/12, 7:06 pm
Sam Calvert Calvert Law Office

You should check with an attorney. The basic theory would be "adverse possession", but there are a number of elements (15 years + of open, notorious, hostile exclusive use).

Often these are resolved by giving the encroacher (you) an easement to maintain the garage where it is until it is destroyed.

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Answered on 8/26/12, 7:36 pm


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