My question involves real estate located in the State of: Minnesota
Hello,
My question is: What is the best way to move forward and do I have any recourse against the sellers, title company, or realtor in the following situation?
I recently purchased a home on 3 acres. A neighboring party has been partially using approximately 0.5 acres of the property and have brought up their intent to claim ownership of the property through adverse possession. They have been using it for over 15 years, but other requirements of the possession are iffy such as exclusivity and continuity.
I wasn't aware of the use when I purchased the property because the neighbors were not actively using it at the time of year when the purchase was made. The previous owner was an elderly man who died. I purchased the property from his children.
Decades ago, the elderly man owned many acres and rented several fields to the previous neighbors. He then subdivided the property, sold several lots, sold the fields, and kept the 3 acres around the house. The back lot line of the house cut kitty-corner across one of the fields. The previous neighbors who bought the fields continued to use that corner to turn around with their tractors. The children believe there was just a verbal agreement given after the sale to allow use of the piece. It's that 0.5 acre piece that is in question. About 20-25 years ago, the fields were sold to a new owner (the current neighbor), who is now claiming adverse possession.
The land isn't worth too much (about $12,000), so it doesn't seem worth it compared to the legal fees it would require to fight it. However, if I let it go, I need to get our property reappraised for the mortgage and pay down any loss since I just purchased the property. Would I also need to pay to get the property surveyed or put in the neighbor's name? I am certain they will just keep using it as usual if I don't push the issue, but I want it cleared up in the event I sell the house.
How can I get this cleared up as cheaply and easily as possible? Do the sellers, the realtor, or the title company have any responsibility in the situation?
Thanks for your help!
Hello,
My question is: What is the best way to move forward and do I have any recourse against the sellers, title company, or realtor in the following situation?
I recently purchased a home on 3 acres. A neighboring party has been partially using approximately 0.5 acres of the property and have brought up their intent to claim ownership of the property through adverse possession. They have been using it for over 15 years, but other requirements of the possession are iffy such as exclusivity and continuity.
I wasn't aware of the use when I purchased the property because the neighbors were not actively using it at the time of year when the purchase was made. The previous owner was an elderly man who died. I purchased the property from his children.
Decades ago, the elderly man owned many acres and rented several fields to the previous neighbors. He then subdivided the property, sold several lots, sold the fields, and kept the 3 acres around the house. The back lot line of the house cut kitty-corner across one of the fields. The previous neighbors who bought the fields continued to use that corner to turn around with their tractors. The children believe there was just a verbal agreement given after the sale to allow use of the piece. It's that 0.5 acre piece that is in question. About 20-25 years ago, the fields were sold to a new owner (the current neighbor), who is now claiming adverse possession.
The land isn't worth too much (about $12,000), so it doesn't seem worth it compared to the legal fees it would require to fight it. However, if I let it go, I need to get our property reappraised for the mortgage and pay down any loss since I just purchased the property. Would I also need to pay to get the property surveyed or put in the neighbor's name? I am certain they will just keep using it as usual if I don't push the issue, but I want it cleared up in the event I sell the house.
How can I get this cleared up as cheaply and easily as possible? Do the sellers, the realtor, or the title company have any responsibility in the situation?
Thanks for your help!
Adverse Possession: Recourse Against Sellers, Title Company, or Realtor in Adverse Possession
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