For the most part, as long as a person is not breaking any laws, they should be free to enjoy their own land. Unfortunately, this is not always the case. Other parties actions’ may prevent a landowner from enjoying peace and quiet or may threaten their safety or their property. In other instances, there may be a dispute of who owns the land or where a boundary line lies.
In these cases, a Minnesota property dispute lawyer may be able to help. They can work with landowners to explain their rights under the law. If those rights are in jeopardy, a knowledgeable real estate attorney could investigate the cause of a disturbance or a complaint and take appropriate legal action to demand a remedy.
Questions concerning which party owns a piece of land are a common source of property disputes. Although most land in and around Bloomington must be registered through the Hennepin County Registrar of Titles, older pieces of land may contain boundaries that are unclear or that reference long-gone landmarks. It is not unusual for neighbors to argue over exactly where a property boundary is.
In addition, neighbors may dispute the necessity to perform repairs or argue about the removal of hazards. A landowner must keep their property in an adequate state of repair to prevent harming other people. Hazards such as dead trees, failing retainer walls, or animal infestations could be the source of property disputes when the two parties cannot agree on a solution. A Bloomington property disputes lawyer could help research the boundaries of the property and fight to promote or dispute a person’s right of ownership over the land.
Owning land means the owner should not have to deal with unnecessary nuisances or inappropriate danger. If a private party or a public entity works in a way that interferes with this right, the landowner may have a cause of action to demand a remedy.
Interference with this right to enjoy one’s land is known as a private nuisance. Under Minnesota Statute §561.01, a nuisance is, “Anything which is injurious to health, or indecent or offensive to the senses, or an obstruction to the free use of the property.” Examples of this behavior can be an offensive odor, sewage runoff, or the transfer of pollution.
This same statute grants a cause of action to landowners to demand that a civil court both stop the actor from continuing this behavior and to award compensation for any damages. These damages can include payments for any actual property damage as well as compensation for the stress of having to live with the nuisance. A Bloomington property dispute lawyer could help landowners identify the sources of nuisances and to demand proper legal remedies. An attorney can also help combat inappropriate allegations.
A Bloomington property disputes attorney could fight to protect the rights of landowners. Through crafting cease-and-desist letters, establishing the ownership of land, and pursing lawsuits in courts, an attorney may be able to help you. Reach out today to learn more.