Cabin Lot Line

[J Low]

What is the name of your state? Minnesota
My parents bought a lake cabin in 1964 and have passed it to me. The property lines were never established with a survey. There are steel stakes on the lake shore indicating property lines, but nothing in the back. Everyone assumed the lines were perpendicular to the lake, but they are not.
I got curious about lot lines when the neighbor was building an outdoor privy 3 years ago and started measuring with GPS, compass and tape measure from previously surveyed lots 5 cabins down the shore. I suspected an encroachment and hired a surveyor. According to the survey, his septic mound, built 7 years ago is partially on our property and privy entirely on our property. Adverse possession is 15 years in Minnesota so I know I am OK on the mound and privy. They have mowed a small section (15 feet x 50 feet) of our property which is hidden up through a wooded area between our cabins for as long as I can remember. Because of the proximity to his buildings, it does look like it belongs there. Can he claim (and win) adverse possession on the land he has mowed? He planted a hedgerow on that mowed property last fall-after I told him I believe he is encroaching AND after the survey stakes had been placed. I had not sent him a copy of the survey at that point.

I have written him a letter with a copy of the survey and asked him to move the privy and the hedgerow and offered an easement for the septic mound until it fails. I asked him to pay me the $2400.00 for the survey, which I would not have done had I not suspected he was encroaching. I originally offered to have him go in on a survey for both of us, but he refused. We have an easement across his land for access to our property and I figured it was the neighborly thing to do. He has contacted an attorney and says the attorney told him he does have some rights. What might those rights be? He has a septic lift station within inches of our property line. Can I require him to move that too since it is within the legal 10 foot setback required by the county?
Thanks
J Low

 

[pojo2]

You can do whatever you like but he may have some rights, only an Atty with knowledge of the area can tell you what quirks might be there to work against you.

I would have told you no on the survey as well.

Too bad a nice place to relax and enjoy has to be turned into a war zone to protect your rights though.

Good luck.

 

[FarmerJ]

Your going to have to get the help of a real estate atty , no ifs ands or buts. Before offering anything else to him you really need to consult with your county and learn if there have been changes zoning rules that affect your own property and its septic system. Many countys now have more rigid rules about septic systems and locations so it wouldnt hurt to know how the rules affect your own well and septic system when you figure in the placement of his hill on your land. Also I am very curious here , what county is the lake home in that it allowed a new outhouse to be constructed? The only new outhouses i know of that are permitted are ones with holding tanks where a honeysucker is called and comes and emptys it. If your neighbor eventually is forced to accept a conditional easement like you offered allready, all you can do is hope and pray the nieghbor is so stupid that they abuse the septic system to a point where the side of the hill blows from being plugged up and has to replace it in a few years.

 

[JETX]

Can he claim (and win) adverse possession on the land he has mowed?

Can he?? No one knows the answer to that without hearing HIS side of the story.

I have written him a letter with a copy of the survey and asked him to move the privy and the hedgerow and offered an easement for the septic mound until it fails. I asked him to pay me the $2400.00 for the survey, which I would not have done had I not suspected he was encroaching. I originally offered to have him go in on a survey for both of us, but he refused. We have an easement across his land for access to our property and I figured it was the neighborly thing to do. He has contacted an attorney and says the attorney told him he does have some rights. What might those rights be?

He has LOTS of rights... some that might even involve his claim of ownership. As to what SPECIFIC rights he might claim, again, that would require HIS version of the facts.

Can I require him to move that too since it is within the legal 10 foot setback required by the county?

You can ASK him to move anything you want. Whether he is REQUIRED to do so would be up to a court.

You REALLY, REALLY need to get a local attorney to review all the facts and to try to communicate with the other party or their attorney. Your asking unanswerable questions on an online legal ADVICE site is not going to work.

 

[J Low]

First, Thanks for the replys. It is appreciated. I had hoped this would be uncomplicated and inexpensive. Every time I have had to involve an attorney, it has gotten expensive. I understand the neighbor's attorney is a close friend and is doing it for free.

The neighbor called me after he received my letter and said he has not wanted to be hostile, and wants to remain neighborly and cooperative. Since he had not seen the survey, he continued to assume what he thought were the existing lot lines were correct. He mentioned neither of us is there full time and want the other to watch each other's backs for vandalism, break ins etc. Perhaps there is hope we can settle this thing in a neighborly way over a beer in the garage!

As for a response to Farmer about the outhouse, we are in Aitkin County, MN. They allow outhouses with a concrete tank. Yes, they must be pumped out and do not leach into the surrounding soil.

If I do hire an attorney and I "win" this case, can I sue and be successful for the cost of my attorney? I know I can sue for anything, but what are the chances of success?

Again, Thanks for your help.

And yes, it is a beautiful place.

J Low

 

[JETX]

If I do hire an attorney and I "win" this case, can I sue and be successful for the cost of my attorney?

Depends on your state laws as to whether attorney costs are recoverable, but generally, a case like this they are NOT.

I know I can sue for anything, but what are the chances of success?

Without a FULL evaluation of your facts... and an opportunity to review the other party's claims.... the ONLY accurate answer you can get is.... somewhere between zero and 100%.
No one can GUESS what might happen..... at least not with any accuracy.