minnesota007
Junior Member
What is the name of your state (only U.S. law)? Minnesota
Sorry this is a long post.
In 1991 we bought purchased a 40 x100 lot with a trailer located on the lot in a mobile home park in northern Minnesota. All utilities were hooked up and operational and the trailer had been placed on that lot in 1989. The lot was part of a landowner coop association consisting of 50 members with the coop holding the deeds for each lot and the members held 1/50th share of the coop. When we purchased the sellers and coop advised us the side lot lines were electric meter box to electric meter box north of and south of the trailer. In 1997 we opted out of the coop and received title to the lot. In 2005 we applied for a variance to replace the existing structure with a 5 foot setback from the lot south of us. We replaced the trailer using the property lines given to us at purchase plus we went off a survey stake on the property north of us that had a survey done in 1996 as a result of property line dispute north of us. We did not do a survey because the trailer had been there since 1989 and there was no question we owned the land it sat on and the land the utilities occupied.
In 2007 the lot south of us was sold. The sellers had a survey done prior to the sale and it showed our all our utilites and 3 feet of our trailer on their property. The survey has a skew to it that places the just part of our trailer on the their lot but all our water, gas and electric utilities fully on their property. The sellers never showed us the survey or advised us there was a problem. The new owners went and got a variance, poured a cement slab, pulled in a mobile home and then sued us for tresspass and 50,000 in compensation. We counter sued for adverse possesion. After agreeing to mediation the day before the mediation meeting the plaintiffs amended their complaint to include 50,000 in punative damages based on a advadavit given by a disgruntled neighbor who is a former friend that my husband owns 252 acres of hunting land with near by. What we understand is it says we willfully and intentionally placed the new trailer encroaching on that lot in 2005. We have plenty of witness's to discredit him. We met all adverse possesion requirements for the state of Minnesota having owned the property for 16 years at the time the suit was filed. Is it not an important fact the utilties have been there since at least 1964 per the plat ? They want use to move the trailer 8 feet. We are heading to court soon. The good thing is we have the same judge who ruled in favor of the lot north of us that was encroching on the back end of the lot behind them.
I'm looking for advice and opinions on the outcome.
Sorry this is a long post.
In 1991 we bought purchased a 40 x100 lot with a trailer located on the lot in a mobile home park in northern Minnesota. All utilities were hooked up and operational and the trailer had been placed on that lot in 1989. The lot was part of a landowner coop association consisting of 50 members with the coop holding the deeds for each lot and the members held 1/50th share of the coop. When we purchased the sellers and coop advised us the side lot lines were electric meter box to electric meter box north of and south of the trailer. In 1997 we opted out of the coop and received title to the lot. In 2005 we applied for a variance to replace the existing structure with a 5 foot setback from the lot south of us. We replaced the trailer using the property lines given to us at purchase plus we went off a survey stake on the property north of us that had a survey done in 1996 as a result of property line dispute north of us. We did not do a survey because the trailer had been there since 1989 and there was no question we owned the land it sat on and the land the utilities occupied.
In 2007 the lot south of us was sold. The sellers had a survey done prior to the sale and it showed our all our utilites and 3 feet of our trailer on their property. The survey has a skew to it that places the just part of our trailer on the their lot but all our water, gas and electric utilities fully on their property. The sellers never showed us the survey or advised us there was a problem. The new owners went and got a variance, poured a cement slab, pulled in a mobile home and then sued us for tresspass and 50,000 in compensation. We counter sued for adverse possesion. After agreeing to mediation the day before the mediation meeting the plaintiffs amended their complaint to include 50,000 in punative damages based on a advadavit given by a disgruntled neighbor who is a former friend that my husband owns 252 acres of hunting land with near by. What we understand is it says we willfully and intentionally placed the new trailer encroaching on that lot in 2005. We have plenty of witness's to discredit him. We met all adverse possesion requirements for the state of Minnesota having owned the property for 16 years at the time the suit was filed. Is it not an important fact the utilties have been there since at least 1964 per the plat ? They want use to move the trailer 8 feet. We are heading to court soon. The good thing is we have the same judge who ruled in favor of the lot north of us that was encroching on the back end of the lot behind them.
I'm looking for advice and opinions on the outcome.
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