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we surveyed and theirs a problem.

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Happy Trails

Senior Member
We surveyed and there's a problem.

What is the name of your state? MN

Typical story we had our land surveyed and people are getting p*****-off. I have read many other similiar posts, but it still leaves me with unanswered questions. In 1990 a piece of unplattted land that was tax forfeited was sold to a couple. We purchased the land in April 2000. We own 2.84 acres. We just recently had it surveyed and realized a triangler piece of land, landed on the other side of a county road that was put in. The road was allowed to go through the properties for public use and is stated in our abstract it was granted free and uninterrupted use. We were explained that they owned the road, but the property owners still owned the land under it. The road then cut through the last section of our land to allow for a 45 degree turn. Thus leaving us with the piece on the other side. The people on the other side have been going across this piece in order to get to their garage. When we were putting the pin in to show the section line the owner said "Get the f*** out of my front yard. We explained the problem and I simply stated we'll just have to get it worked out. (not thinking it a big deal since the land owner is my step-brother) (LOL) I figured there would be a easy solution. But now I see my brother has his business face on and he can be very difficult to work this out with. The surveyors asked us how they wanted the legal descriptions writ up and we told them to hold off in hopes that we could get something worked out. My husband and I wanted to come up with a fair price according to what portion of land it was with what we had paid. They think thats low of us to ask them to purchase their front yard. When reality they have been using it as such and just last year paved their drive-way on our piece. We just want our deeds "perfected" so that when he sells his home with-in the next year and when we get ready to sell ours their will be nothing that can fall back on us. The amount of money I'm figuring would be less than $1000 to purchase land, have legal desrips and filing fees. I since found out he advised with a lawyer who asked how long he lived there (19 yrs) and the lawyer told him not to worry about it. I don't know what to do. 1.) Does he have squatters right when the land was still owned by the government in 1990. 2.) Would if someone gets hurt on that piece? 3.) What statutes does he have that could literally allow him to take something that isn't his just because he is using it? Please Help.
 
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HomeGuru

Senior Member
Happy Trails said:
What is the name of your state?What is the name of your state?What is the name of your state? MN

Typical story we had our land surveyed and people are getting p*****-off. I have read many other similiar posts, but it still leaves me with unanswered questions. In 1990 a piece of unplattted land that was tax forfeited was sold to a couple. We purchased the land in April 2000. We own 2.84 acres. We just recently had it surveyed and realized a triangler piece of land, landed on the other side of a county road that was put in. The road was allowed to go through the properties for public use and is stated in our abstract it was granted free and uninterrupted use. We were explained that they owned the road, but the property owners still owned the land under it. The road then cut through the last section of our land to allow for a 45 degree turn. Thus leaving us with the piece on the other side. The people on the other side have been going across this piece in order to get to their garage. When we were putting the pin in to show the section line the owner said "Get the f*** out of my front yard. We explained the problem and I simply stated we'll just have to get it worked out. (not thinking it a big deal since the land owner is my step-brother) (LOL) I figured there would be a easy solution. But now I see my brother has his business face on and he can be very difficult to work this out with. The surveyors asked us how they wanted the legal descriptions writ up and we told them to hold off in hopes that we could get something worked out. My husband and I wanted to come up with a fair price according to what portion of land it was with what we had paid. They think thats low of us to ask them to purchase their front yard. When reality they have been using it as such and just last year paved their drive-way on our piece. We just want our deeds "perfected" so that when he sells his home with-in the next year and when we get ready to sell ours their will be nothing that can fall back on us. The amount of money I'm figuring would be less than $1000 to purchase land, have legal desrips and filing fees. I since found out he advised with a lawyer who asked how long he lived there (19 yrs) and the lawyer told him not to worry about it. I don't know what to do. 1.) Does he have squatters right when the land was still owned by the government in 1990. 2.) Would if someone gets hurt on that piece? 3.) What statutes does he have that could literally allow him to take something that isn't his just because he is using it? Please Help.

**A: here is what to do. Hire your own atorney and give him/her your survey and title docs to review.
 

Happy Trails

Senior Member
I was hoping we wouldn't have to come to that. He's a multi-millionaire and could make this drag out just for the fun of it. Could the matter be handled in a small claims court?
 

FarmerJ

Senior Member
A Atty is youre best bet to learn what your options are then you can make a informed choice as to how to proceed . Try the links up top and see if you can locate a local atty through this site . If your near the metro area or have metro dialing the phone books down in the cities stink since the qwest sold the yellow pages off and are lacking in alot of listings for things that I know should be there and still are .
 

HomeGuru

Senior Member
Happy Trails said:
I was hoping we wouldn't have to come to that. He's a multi-millionaire and could make this drag out just for the fun of it. Could the matter be handled in a small claims court?
**A: not likely.
 

Happy Trails

Senior Member
This is really frustrating.

I do appreciate the input I have received, however I did hope that someone may have some advise or answers to any of my 3 questions.
 

HomeGuru

Senior Member
Happy Trails said:
I do appreciate the input I have received, however I did hope that someone may have some advise or answers to any of my 3 questions.
**A: yes, and I did post telling you to hire this someone.
 

Happy Trails

Senior Member
Question for HomeGuru

I noticed in one of your other posts to puppetkat that she was discussing "adverse possession" could you explain how that works? Or anyone else who may read this. Thanx
 

HomeGuru

Senior Member
Happy Trails said:
I noticed in one of your other posts to puppetkat that she was discussing "adverse possession" could you explain how that works? Or anyone else who may read this. Thanx
**A: go to the homepage of this website and look under the real estate section.
 

Happy Trails

Senior Member
That helped a lot, thank you.

That is a wealth of info. But now I'm wondering about "encroachment" or "squatters rights". I didn't see them in that sight, but the "adverse possession" post did mention encroachment, but didn't define it.
 

HomeGuru

Senior Member
Happy Trails said:
That is a wealth of info. But now I'm wondering about "encroachment" or "squatters rights". I didn't see them in that sight, but the "adverse possession" post did mention encroachment, but didn't define it.
**A: you can use any dictionary for the definition.
 

Happy Trails

Senior Member
Again, helpful.

I guess they are all basically the same. So if someone is trying to do any of these three things, does it fall under the "adverse possession" catergory or can their action against us be different. Just wondering, because I want to see if he has a case against us or not. I'm sure we'll seek legal council. I just want to be a little educated in this field. It helps me explain to my husband just what we may be in for. Thanks for your help.
 

HomeGuru

Senior Member
Happy Trails said:
I guess they are all basically the same.

**A: no, they are not basically the same.
*******
So if someone is trying to do any of these three things, does it fall under the "adverse possession" catergory or can their action against us be different.

**A: it may fall under the ap issue.
********
Just wondering, because I want to see if he has a case against us or not. I'm sure we'll seek legal council. I just want to be a little educated in this field. It helps me explain to my husband just what we may be in for. Thanks for your help.
**A: hire attorney.
 

Happy Trails

Senior Member
**A: hire attorney.

***Thank you and I will. I'm just trying to figure out what angle my step-brother is going to take. I hate to be the one that takes the initiative to try to get this remedied. (But I guess that is the hand I've been dealt.) :(
 

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