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cscradams

Junior Member
What is the name of your state (only U.S. law)?

I live in Minnesota.

I just purchased a home 1 year ago. I have a neighbor who is building a 4 season porch.

He went to the city for permits etc. and he was told that he can't build the porch because my fence is 2 to 3 feet on his property.
And he needs to be so many feet away from my fence in order to build.

My question is:

Who is responsible to have the fence removed and put back up. I just put a sprinkler system in and I'll probably have to move that also.
If the fence was put there years before I moved in am I responsible to have it removed or is he?

Thank you
 


adjusterjack

Senior Member
Who is responsible to have the fence removed and put back up. I just put a sprinkler system in and I'll probably have to move that also.
If the fence was put there years before I moved in am I responsible to have it removed or is he?
You.

HRZ is probably alluding to "adverse possession" which, as a practical matter, isn't going to do you any good even if you are willing to spend a barrel full of money on a lawyer and litigation, which appears to be unlikely given your concern about the cost of just relocating the fence and the sprinklers.

I suggest you bite the bullet and relocate the fence and sprinklers voluntarily because, otherwise, I don't see you coming out ahead in this matter regardless of any "legal technicalities" that you might see on the internet.
 

adjusterjack

Senior Member
According to my neighbor it's been there since 1990.
Does that help me or hurt me?
No.

Minnesota's adverse possession law requires that YOU (the person claiming the adverse possession) must show that YOU (not previous owners) had actual, open, hostile, continuous, and exclusive possession of the land in question for at least 15 years.

Since you have only owned the property for a year, you do not qualify for adverse possession and the neighbor will have an easy time in court getting an order for you to relocate the fence.
 

FarmerJ

Senior Member
So did you consider getting your own boundary survey done so you can learn where the actual lot line is ? Reason being would be what if your city was mistaken? after all city records such as plat maps could be in error. what was the source of the supposed information the city used to tell the neighbor what he claims they did ? If your in a more developed area with smaller lots like a smaller town or a city that has been around a while it is possible that what people thought was a lot line could be wrong . ( like what if that fence was actually 3 feet inside of your lot line ? )
 

HRZ

Senior Member
ADverse possession in MN is triggered at the 15 year mark , plus other criteria ...and " tacking " of prior ownership times probably applies ...but I did not check specifics for MN ...( I sure did in a state where tacking was relevant to my point of view as to a roadway )

I agree with adjusterjack the costs to address adverse possession may be far more than simply moving the fence ...but there are costs to neighbor as well , and a fence in place for 25 years is not a slam dunk either way absent more facts ...the status quo may not be so bad?
 

cscradams

Junior Member
Does title insurance cover me in any way?
Doesn't it cover me from any liens,judgments or encumbrances etc.?
 

quincy

Senior Member
ADverse possession in MN is triggered at the 15 year mark , plus other criteria ...and " tacking " of prior ownership times probably applies ...but I did not check specifics for MN ...( I sure did in a state where tacking was relevant to my point of view as to a roadway )

I agree with adjusterjack the costs to address adverse possession may be far more than simply moving the fence ...but there are costs to neighbor as well , and a fence in place for 25 years is not a slam dunk either way absent more facts ...the status quo may not be so bad?
If the neighbor was satisfied with the status quo, there would be no issue.
 

cscradams

Junior Member
The problem isn't with my neighbor it's with the city. They're not allowing it per city code.
He doesn't want me to move my fence or sprinkler system.
We're fine as neighbors. He's having a survey done.
We're just not sure who would be responsible for having the fence and sprinkler system moved.
Me or him.


Thanks for the reply's.
 

HRZ

Senior Member
If he needs the fence moved...he might be smart to open up his wallet. It is possible that by failure to address the fence line for multiple decades your neighbor may have a weak position IF you pursue an adverse possession claim for being on his lands. ( which will not be cheap for you )
 

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