Legal Question in Real Estate Law in Minnesota

After using a utility easement trail on our island for the last 21 years a neighbor has blocked it off preventing me access to my boat slip in the island harbor which was built for safe dockage for all island property owners. About 12 properties are affected by this. Need some advice.

Asked on 6/09/19, 2:21 pm

1 Answer from Attorneys

Morgan Kavanaugh Wilkerson & Hegna, PLLP

It sounds like the initial purpose of the easement was not for water access but for utilities. So that is a potential problem. However, we would have to examine the easement document that is recorded against the property. In addition to that, use can change over time and perhaps the use you describe could continue despite the initial granted use. The properties impacted should consult with an attorney for additional information on what you can do. Please feel free to call 952-897-1707 to discuss further. Thanks! Morgan Kavanaugh

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Answered on 6/10/19, 7:23 am

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