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Own land on both sides of MN river. Discovered 15 acres of…

Customer Question
Own land on both...

Own land on both sides of MN river. Discovered 15 acres of our land on one side of the river sold last week. Seller based the sale of our land on a survey that followed the river and not the property boundaries. Seller is having an attorney change the legal description to indicate our land is included in an adjacent parcel he owns. Can someone do this?

Lawyer's Assistant: Has any paperwork been filed?

Seller's attorney said that paperwork was filed but Checked with the county and they do not have a record of it.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Anything the lawyer will need to know?

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
12/5/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 7 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 125,999
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Legally, no they cannot do it, but you need to step in and object. You would need to present a recent survey and file a boundary dispute suit together with a motion for injunction stopping the sale and you will eventually need to produce your survey in court to prove he sold land he did not own and to prevent the attorney from tying to redraw the parcel. You have to take this to court to stop them from completing this transaction.

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Law Educator, Esq.
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Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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