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Moving a residential fence

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Michael47

Junior Member
What is the name of your state? Minnesota

We put up a fence 20 years ago and our neighbors put railroad ties up against it for a garden. At that time the city code was 6" in from your property line. 3 years ago we put up a chain link as our other one was in very bad shape. We lost more inches because the garden and our previous fence were not straight on the lot line. One side we are 24" in now and the other side is 18" in. They took their garden out this spring and we will be moving our fence. She thinks only 6 inches. The city code now is your fence has to be just inside your propety line which will give us back the property that we have lost. Someone mentioned the "grandfathered in" clause. I thought that was just for cement, buildings that can't be moved etc. I would like our property back as our taxes continue to go up plus we can't get behind a shed anymore for repairs.
 


PghREA

Senior Member
I'm not quite sure what your question is. However, if where you place your fence complies with your municipality's requirements, you will be okay.
 

justalayman

Senior Member
Michael47 said:
What is the name of your state? Minnesota

We put up a fence 20 years ago and our neighbors put railroad ties up against it for a garden. At that time the city code was 6" in from your property line. 3 years ago we put up a chain link as our other one was in very bad shape. We lost more inches because the garden and our previous fence were not straight on the lot line. One side we are 24" in now and the other side is 18" in. They took their garden out this spring and we will be moving our fence. She thinks only 6 inches. The city code now is your fence has to be just inside your property line which will give us back the property that we have lost. Someone mentioned the "grandfathered in" clause. I thought that was just for cement, buildings that can't be moved etc. I would like our property back as our taxes continue to go up plus we can't get behind a shed anymore for repairs.
I believe you are speaking of "adverse possession" of which "prescriptive easement" is one form of it.
The period of time in your state seems to be 15 years although the laws in your state are a bit confusing to me. There seems to be some exception to claim of title by adverse possession under certain circumstances.

In Minnesota, the duration of such possession is fifteen (15) years. Title by adverse possession is not available against properly registered land. Minnesota Code §508.02; 541.01-02.
Not sure what constitutes "properly registered" land.


? to you; Were both you and the neighbor aware that she was using your property? did you allow or give permission to do so?

I would put the fence where legally allowed to. If the neighbor wants to contest it and make a claim for a prescriptive easement, she will need to go to court to do so. Hopefully she will acquiesce your reclaiming of your property.

BTW; even if your property is on the other side of the fence, you still control it. You do not need to let the neighbor use it. That is the simplest way to avoid a prescriptive easement or adverse possession claim.
 

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