Legal Question in Real Estate Law in Minnesota

we just moved into 15.5 acres and the fence line is about 45 ft off of the actual surverey line. there has been people hunting that 45 ft plus there own 40 acres. what is the law on this

Asked on 11/08/12, 1:32 pm

1 Answer from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Based on the limited information provided, I believe you are describing legal issues of 'encroachment' and possibly 'adverse possession'. There may be an issue of 'trespass'. For general information and for you to pinpoint your legal issue, I suggest you do an online search for yourself using those words as search terms.

When you say 'fence line', what I presume you mean is that an actual obvious fence is in place. The answer to your question, 'what the law' is, may depend in part on how long the fence has been in place.

If you want things to change, then I recommend you confer with an attorney right away. Bringing a few photos to the appointment would be helpful to the attorney, along with the paperwork regarding your land. I suggest you phone several attorneys before making an appointment because it is important that you feel comfortable and a sense of trust with the attorney you choose to help you. I aim for peaceableness and cost-effectiveness in approach. Note: If you are contemplating action then do not wait to confer with an attorney, because delay certainly may negatively affect your rights.

Tricia Dwyer, Esq.

Tricia Dwyer, Esq. & Associates

Minnesota attorneys-at-law

Phone 612-296-9666 every day of the year until 8 p.m. daily

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Answered on 11/08/12, 2:56 pm

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