adverse posession

I live in the Minnesota.

We puarchased land 18 years ago and we were not sure where the property line was...we thought it might be in the middle of the nieghbors garage. The neighbors sold to another party 11 years ago. We are now trying to sell and had the land surveyed and found out that 95% of the nieghbors garage is on our property. We also let him use a garden that was on our property next to the garage. They have maintained the land, mowing etc the entire time. We have given them a quick claim deed to free the garage but they have not signed it...instead they have gotten an attorney. I have heard of adverse possesion cases, can they take it through adverse possesion or any other way at this time?

skinnerone said:

I live in the Minnesota.

We puarchased land 18 years ago and we were not sure where the property line was...we thought it might be in the middle of the nieghbors garage. The neighbors sold to another party 11 years ago. We are now trying to sell and had the land surveyed and found out that 95% of the nieghbors garage is on our property. We also let him use a garden that was on our property next to the garage. They have maintained the land, mowing etc the entire time. We have given them a quick claim deed to free the garage but they have not signed it...instead they have gotten an attorney. I have heard of adverse possesion cases, can they take it through adverse possesion or any other way at this time?

Click to expand...

You need an RE attorney. They can look over the documents. They have an attorney so you should get one. Adverse possession in MN is 15 yrs. Do not sit on this.

I agree, and will get an attorney just trying to get some advice first. I like to get some information before I call a RE. Does it matter that the garage has been there for god knows how long....long before I bought the property and the owner before the current neighbor used the garden, and kept up the property also?

Thanks

In some states payment of taxes is required for adverse possession no matter how long the land has been in use.

You should also find out what the requirements are for a prescriptive easement in your state.

what is prescritptive easement?

Also does the 15 years start from when we purchased the land...or from when the neighbor purchased the land?

Thanks

skinnerone said:

what is prescritptive easement?

Also does the 15 years start from when we purchased the land...or from when the neighbor purchased the land?

Thanks

Click to expand...

]

Easements by Prescription:

An easement -- a legally enforceable use of property by someone other than the owner -- is most commonly granted to public utilities or for public uses (e.g., streets). It is typically negotiated, paid for, and recorded in a formal document signed by the property owner and the easement holder. Public agencies invested with the power of eminent domain can impose an easement through judicial proceedings, and must pay fair value for the easement. However, under certain circumstances an easement can be obtained "by prescription," a form of adverse possession.

A classic example of a prescriptive easement is a neighbor who openly and continuously drives across your land without permission. After a period of time fixed by law, the neighbor could claim a legally enforceable right to drive across your land, that is, an easement by prescription.

You will have tons of questions you possibly will find some answers at this link:

http://real-estate-law.freeadvice.com/

Yes, do more research.