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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55452
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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If a property line has been assumed years with no objection,

Customer Question

If a property line has been assumed for 16 years with no objection, then a landowner gets it surveyed, which party wins? The assumed property line or the new property line?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Good morning John. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!
Expert:  Richard replied 1 year ago.
The new property line is going to control. The issue here is adverse possession. Adverse possession is the process of claiming title to real estate by taking it and occupying it for a period of time. Adverse possession requires the following conditions to be met: i) actual possession of the property; ii) open and notorious use of the property; iii) exclusive use of the property; iv) hostile or adverse use of the property; and v) continuous use of the property. In Minnesota, the duration of such possession is fifteen (15) years. Title by adverse possession is not available against properly registered land pursuant Minnesota Code §508.02; 541.01-02. Since it's been 16 years, the 15 year time period has been satisfied along with the other required elements. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 1 year ago.
Not sure I fully understand. In the beginning of your message, it seems that the new surveyed line wins. But in the end of your message it seems that the 16 year rule wins. I'll explain a bit more. I bought the property in 1999. The landowner showed me the property lines. I then proceeded to work up the land and planted two rows of trees. Now, the landowner had the land surveyed and orange stakes now indicate a new property line, well inside my trees. It's their intention to tear down the trees and open up a gravel pit. I would have thought that since the trees are now mature and been there undisputed for 16 years, that the property line was assumed. Thoughts?
Customer: replied 1 year ago.
Picture of my tree rows attached.
Expert:  Richard replied 1 year ago.
I'm sorry for the confusion. I misconstrued the terminology. The new legal property line would be the presumed property line based upon where the fence is located. The originally deeded property line would not be the property line any longer because you have satisfied the 15 year statute and have gained title to the extra slice of land. The way the Minnesota adverse possession works is that your neighbor, because it's been more than 15 years, now is estopped from bringing any action against you to contest the line established by the fence.