The lakes region of northern Minnesota is a beautiful area both in which to live permanently and also to own a second home. Thousands of permanent residents and vacation home owners alike own property in Becker, Beltrami, Cass, Clay, Clearwater, Hubbard, Itasca, Otter Tail and Wadena Counties.
We all strive to live in harmony with our neighbors. However, a source of discord between adjacent property owners can be boundary disputes. Sometimes these come about as the result of a survey either for appraisal purposes or pursuant to a recent purchase or sale.
There are situations where we find that our neighbors’ so-called “boundary” encroaches onto our valuable property. Conversely, in other situations we have enjoyed property beyond the survey line for many years undisturbed only to find out that we have been using property that is not yet technically ours.
In these cases, we either need to agree with our neighbors to a re-drawing of the boundary line or take the case to court. Which of the two options to be employed will depend entirely upon the desires of the parties. Sometimes a lawsuit becomes unavoidable.
Thomason, Swanson, & Zahn offers legal services to parties on “both sides of the fence.” If a neighbor has been unjustifiably encroaching on your land, we can bring an action to eject that neighbor. On the other hand, if you have been occupying your neighbor’s property for the requisite number of years determined by law, we may have a solution for you that allows you to take good title to the land you have been using and thereby increase the area of your parcel. If litigation is avoidable, we can prepare the legal documents to quiet title and craft a solution that suits your needs.
If you find yourself on “either side” of a boundary dispute, you should work with local and knowledgable counsel before you take any action. Some actions you take can lead to unintended consequences and you want to make sure that even though you are hoping for the best, you are preparing to either bring or defend a lawsuit concerning that property line.