Legal Question in Real Estate Law in Minnesota

Tenants in Common , undivided interests

I own an unequal undivided interest in 54 acres of unimproved riparian property. Can I be denied use of this property? ie: instillation of a dock, small storage facitlity, camping, etc.

There is no use agreement between contenants.

Thanks,


Asked on 4/28/04, 1:38 pm

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Tenants in Common , undivided interests

Ordinarily the kind of ownership you describe would give you access and reasonable use of the entire property. A dock sounds reasonable to me.

You didn't say what your percentage of ownership is. If it was 1% that would be a lot different from 50%, which I think your question implies.

If there was something going on at the property which your dock would disturb or interfere with, it might be another matter. For example, I don't think you are free to tear down an existing dock, build a fence accross an existing driveway, punch a hole in an existing cabin so there's room to drive your boat through - nothing like that.

Another thing. Once you put up your dock, the other owners have as much right to use it as you do. Better be ready to share.

And if there is any argument at all that what you propose somehow damages the property, you could have a problem.

You have to consult a lawyer about this before you make any moves. Too many potential problems here. You can't put enough facts in a law guru question to get a really useful response.

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 4/29/04, 11:01 am


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