Legal Question in Real Estate Law in Minnesota

What is the Grandfather Law?

What exactly is the Grandfather Law, and how does it apply to property lines and/or home improvement?


Asked on 12/19/00, 2:16 pm

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: What is the Grandfather Law?

If you or someone through whom you claim title to real estate (such as your grandfather) have been in possession of land for 15 years or more (this is the time provided for in Minnesota statutes and it varies in other states), and you have in all respects treated this land as your own, a court can issue an order saying it's yours.

This means possession under some claim of ownership, not just a lease. Usually it also means that you have paid the real estate taxes.

A lot of times this applies to a claim concerning a property line where one party has built a fence and a survey shows years later it's in the wrong place. If the fence has been there long enough, the guy who built the fence (or who bought the place from the guy who built the fence), can get a court order saying the property is his land now up to the line where the fence is located.

There are lots of other applications of this law, and I can't tell from your question which one you might have in mind.

Good luck.

Disclaimer:

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.

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Answered on 12/26/00, 12:06 pm


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