Boundary lines are subject to change over time as the property switches from owner to owner. As new houses are built in Blaine and Hugo and other metro cities, surveyors create the most accurate boundary lines. However, eventually, confusion about the original boundaries may occur due to fences or other markers placed incorrectly. What, if any, effect does a fence have on determining a boundary line
“An owner of registered land having one or more common boundaries with registered . . . land . . . may apply . . . to the court to have all or some of the common boundary lines judicially determined.” Minn. Stat. § 508.671 (2016). A fence may establish a boundary if there is evidence proving that the purpose of erecting the fence was to mark the boundary. “When a fence is claimed to represent a boundary line under an acquiescence theory, one of the most important factors is whether the parties attempted and intended to place the fence as near the dividing line as possible.”Wojahn v. Johnson, 297 N.W.2d 298, 305 (Minn. 1980) (emphasis added). That is, if you put the fence to keep the kids in the yard, you have not erected the fence with the necessary intention of identifying a boundary line.
If there is confusion, or you question the boundary lines to your property, getting your boundary lines judicially determined is something I can assist you with. Hopefully, a full-blown court case can be avoided. Keep in mind why your fence is there and perhaps it will help you prevail in a boundary line dispute.
Daniel M. Gallatin
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