Boundary Dispute Resolution in MN
A boundary dispute is a disagreement over the location of a property line. Boundary disputes often occur because the real estate in many older deeds was not surveyed. Previous property owners may not have known with any certainty where their boundary was located. The markers or monuments mentioned in the deed, such as pins, stakes, or rocks, may be long gone. Distances provided in a deed may only be “more or less,” and directional courses referred to may be vague such as “northeasterly.” Boundaries in a deed may be described in terms that no longer make sense to the present owners, such as “by and along the land of Jones.” All of this means that the location of a boundary line, even if there is history of use, may be impossible to find without a survey. Minnesota has established which will determine the location of the boundary. Often, in boundary disputes, the historic use of the land by the parties will determine the legal location of the boundary, which may result in the loss or gain of land to each of the parties. The issues in such disputes usually include the following:
- Surveys
- Established fence lines
- Encroachments of buildings or roads
- Historic use of land
- Photographs of prior use
- Agreements between prior owners
- Subdivision issues (if a new boundary is established)
Please contact us at Kallemeyn & Kallemeyn for assistance with any of these complicated issues.
