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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111683
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I am in a dispute with my countys and township board

Customer Question

hi, i am in a dispute with my countys and township board regarding where the middle of the road right of way is located. on the county map it shows our property line going well into the gravel road and it also gives the dimensions in feet for everyones property. a township member was at our house and gave us the "legal description" in writing in which in part it says: " Inguadona township road number 8 being designated as an easement for roadway purposes 33 feet wide on each side of the existing road centerline lying in Section 32 and running across part of the Southeast One Quarter of the Northeast One Quarter in Section 32 and a 66 foot wide roadway dedicated as THE TALL PINE TRAIL in the plat of EQUADEMOG SHORES in parts of Government Lots 2 and 3 and the Southeast One Quarter of the Northeast One quarter, all in section 32, Township 141 North, Range 27 West, Cass County, Minnesota, the existing road centerline being described as follows:
beginning at a point on the Westerly edge of Cass County Road No 129, thence Westerly and connect with the TALL PINE TRAIL in the Plat of EQUADEMOG SHORES and continuing on the TALL PINE TRAIL to Lot 12, Block 1, and there terminating."
What does this mean??? on the cass county website it shows where the road IS and where the road supposedly WAS to go...theres a dispute as to where we start to measure the*****ROW....our side of the gravel road or the opposite side of the gravel road where there are houses and properties that run down to the lake. Their website is what they tell us to go by, but then they tell us that its satellite is not accurate and we cant always go by this!! all of this crap started over us building a fence on our property (or so we thought), which the fence begins about 8 feet from the edge of the gravel road on our side, inward. they are telling us that we measure the 66 feet from the opposite side of the gravel road, towards our property, in which case they are saying that our fence is in the road right of way. please help me understand how this all works and please put it simple as if talking to a 5th grader....i dont understand all this legalese talk and just want an unbiased answer as to who is right or how it needs to be figured out and done. also keep in mind that my boyfriend has been working on this fence fr 8 1/ 2 months and only when the people seen that it was to be enclosing our entire property did they start with this ROW crap. they want us to tear it down and move it in about 10-15 more feet onto our property...this fence is made of trees that were cut down and delimbed from our property, it is truly a one of a kind fence and design and thousands of hours invested in it, again after 8 1/2 months of working on it.
please help me make some sense of all this and if we have any loop holes that we can climb through or if they are in the wrong all together...or if we are...as they say...
if you need any additional info please just ask, i want to be as clear and concise as possible so i get the correct answer!!
thanks for your time!
karen
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What all this means is that they are claiming different measurements and because of that there is only one way to make the ultimate determination. The only way to challenge the county on their description of the right of way is to hire a surveyor and obtain a proper land survey which would take the county descriptions and your deed descriptions and then come out with their GPS equipment to your land and do a correct survey and make markers on your land as well. With your proper new survey, you are then ready to file a dispute with the county regarding the location of the right of way.
There is no other way to fight them without an actual newly done survey by a licensed surveyor in your hand to show the proper location of your ROW. This is the only way to dispute their claim on the ROW. If they continue to dispute the ROW once you produce a new survey, then you have the evidence necessary to go to court to challenge their claims. Even if you were to hire an attorney, the very first thing we would have to do reading what you posted above is to send out a surveyor to get an expert evaluation based on a current physical survey of the actual land itself.