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  5. Good fences make good neighbors (well, not always)

Good fences make good neighbors (well, not always)

On Behalf of Ed Shaw Law | Apr 12, 2022 | Real Estate Law |

That line comes from an old poem. Boundary issues are the divorces of real estate law, tempers can flare, people can really dig in their heels over small chunks of property that are really not important to anyone. These issues can involve where a boundary line between two properties is located, or, whether a building is on one property or another. If you have a boundary line dispute the first thing to think about is whether the area in dispute is really important to you. It is not worth fighting over a few feet of land that does not have a building, driveway, or other important amenity on it, you will usually spend more on a lawyer than whatever the piece of property is worth. If the issue is about a substantial chunk of property, or, concerns access to a road, lake, or driveway the stakes can be higher.

If you have a high stakes dispute the first step will be to get a good survey. If the neighbor has been using your land it is not always easy to end the use, in many cases they can claim what is called Adverse Possession if they have been using for more than 15 years. If the neighbor has been using some of your land for a long time you will want to take a close look at whether Adverse Possession applies. For someone to possess property by Adverse Possession they have to show use that is hostile, open, exclusive, and continuous for at least 15 years. The 15 years can combine with whoever owned the property before them, meaning if the owned the property for 5 years, and the person they purchased from owned for 10 years they can combine those time periods for a total of 15 years. Openly means that the use has to have been clear, i.e., a building, or a landscaped yard. Hostile and exclusive means that it is not open to the general public, i.e., it is clearly their yard, or restricted in some way.

If you are involved on either side of an Adverse Possession issue the facts of your particular case will be important, every situation is different, your facts will determine if Adverse Possession applies to your situation. You will want to get good legal help to navigate through the legal system.

Ed

What is the difference between legal and physical custody?

On Behalf of Ed Shaw Law | Apr 23, 2025 | Family Law

If you're going through a custody issue in Minnesota, it's important to understand the difference between legal and physical custody. These terms may sound similar, but they each play a different role in your child's life. Understanding legal custody Legal custody...

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JAIL PHONES

by Edward Shaw | Apr 4, 2025 | Criminal Defense

Many of you have seen movies involving phone calls from a jail or prison, maybe some of you have gotten calls from a jail or prison.  If you have, you may be familiar with the message that often plays 'This call is from a correctional institution and may be...

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EXPERT WITNESSES

On Behalf of Ed Shaw Law | Mar 27, 2025 | Firm News

Most people outside of the legal system have never heard of expert witnesses, a critical part of the legal system.  Unlike regular witnesses, who can testify about what they observed or heard, experts can offer opinions.  Experts are used to explain a variety of...

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Contracts for Deed

by Edward Shaw | Mar 12, 2025 | Business Law

They are an alternative method of financing the purchase and sale of property.  Instead of the buyer getting a bank loan, payments are made to the seller.  The arrangement has its advantages, by taking payments over time a seller can in some cases save on taxes. ...

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WHEN DO YOUR RIGHTS HAVE TO BE READ TO YOU

by Edward Shaw | Jan 31, 2025 | General Law

I have written on this topic before, but, because it is a source of a lot of misunderstanding among the general public, it needs more attention. Police shows for decades have shown people being arrested and read the Miranda warning, 'their rights', you have the right...

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When can you sue someone for something they say?

by Edward Shaw | Jan 24, 2025 | Civil Law, General Law

Free speech is a cornerstone of our society, for good reasons.  A democracy depends on people being able to express their opinions about anybody, and anything.  Even the richest and most powerful in society can be criticized by any citizen in a free society. Like all...

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MONEY AND DIVORCE

On Behalf of Ed Shaw Law | Jan 13, 2025 | Firm News

When divorces are tough there are usually issues with money.  The rules on dividing assets, money, real estate, vehicles, anything of value, are simple, it is generally divided equally, regardless of who earned it, or whose name is on it.  The exception is...

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Tips for co-parents to keep the holiday season peaceful and joyous

On Behalf of Ed Shaw Law | Dec 6, 2024 | Custody

Co-parenting presents challenges throughout the year, but the holiday season can amplify these difficulties, even for those who maintain a cordial relationship with their former spouse. From Thanksgiving through the end of the year, the added stress of coordinating...

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Home For The Holidays

by Edward Shaw | Nov 27, 2024 | Firm News

It happens every year in the family court business, separated parents fighting over where the kids will be for the holidays.  The holiday season has its challenges to begin with, the stress or organizing get togethers, figuring out where people will be, traveling with...

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THE WHEELS OF JUSTICE GRIND SLOWLY

by Edward Shaw | Nov 1, 2024 | General Law

I watch very little TV, but the shows that I have seen about the legal system vary in how accurate they are, some are almost completely fantasy, others were clearly put together by people who have worked in the legal system and are pretty accurate. Almost all of the...

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  • What is the difference between legal and physical custody?
  • JAIL PHONES
  • EXPERT WITNESSES
  • Contracts for Deed
  • WHEN DO YOUR RIGHTS HAVE TO BE READ TO YOU

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