BOUNDARY LINE DISPUTES

A Boundary Line Dispute arises when there is uncertainty or disagreement between adjoining property owners regarding the exact location of the dividing line between their properties. In Minnesota, such disputes often involve claims of adverse possession or practical location of the boundary line.

Establishing the practical location of a boundary line

The practical location of a boundary can be established through acquiescence, agreement, or estoppel. Acquiescence requires that the location relied upon has been accepted by the parties for a sufficient period of time, typically 15 years in Minnesota. In cases of adverse possession, a boundary is established when one party has been in hostile, open, actual, continuous, and exclusive possession of the disputed land for at least 15 years. This possession must be with the intent to claim the land as their own, even if they lack color of title or a belief in their right to the land. Additionally, boundary disputes may be resolved by agreement between the parties or by estoppel, where one party, with knowledge of the true boundary, allows the other to act to their detriment based on an incorrect boundary.

Legal resolutions for boundary line disputes

Minnesota law provides mechanisms for resolving boundary line disputes, including judicial determination under Minn. Stat. § 559.23, which allows courts to establish boundary lines and resolve adverse claims to ensure a complete settlement of the dispute. Courts also consider extrinsic evidence, such as historical use, surveys, and the intent of the parties, to determine the practical boundary line. In some cases, the payment of real estate taxes is not required for adverse possession claims involving boundary disputes, provided there is genuine confusion over the property line.