Minneapolis, MN asked in Real Estate Law for Minnesota

Q: I have used my driveway for over 20 years now my neighbor says it’s on his land and I can’t use it? What can I do

The neighbor had the land surveyed and the crossing over the ditch and about 20ft of the the driveway is on their property they have also been farming about 300ft of our land on the opposite end. We have never asked or gotten permission as we thought the crossing was on our land and it is the only way to get to our home.

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1 Lawyer Answer
Anthony M. Avery
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A: It appears that you have a Boundary Dispute. You probably have the right to use the driveway by prescription, but the farming of your land could be serious adverse possession. Do not acquiesce to their farming on your land. Hire a competent MN attorney immediately. Both adjoining tracts now have clouds on their titles. You may need to file a Boundary Line Dispute, Quiet Title, Declaratory Judgment, etc., all of which are difficult and expensive suits. But the alternative is to lose large, important parts of your property.

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