Edited by Charles "Huck" Andresen, Charles D. Hoyum & Cindy K. Telstad
The Minnesota Boundary Law Deskbook is the go-to resource on boundary law issues, providing thorough legal analysis and practical tips. Written and edited by Minnesota attorneys who practice in the area of boundary law, the new Deskbook includes information on determining boundaries based on legal descriptions, surveys, adverse possession, and practical location. The Deskbook also covers waterfront property issues and other special boundary problems, as well as chapters on solving disputes both judicially and non-judicially and forms to help you in your practice.
2021 UPDATE
The 2021 Update to the Minnesota Boundary Law Deskbook brings your Deskbook up to date. The Update includes revisions to 7 out of 9 chapters and a fully updated Table of Authorities.
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CHAPTER 1
Introduction to Boundary Law Issues
Overview; Common Boundary Problems; Ways to Establish Boundaries; Methods to Resolve Boundary Disputes; Conclusion
– Angela M. Christy
CHAPTER 2
Determining Boundaries Based on Legal Descriptions
Introduction; The Basics of a Legal Description; Types of Descriptions; Public Land Survey System; Re-Surveys; Contemporary Problems; Priorities and Legal Descriptions; Solving Boundary Problems: What Works and What Does Not; Conclusion; Appendix A – Examples; Appendix B – Retracement Resources; Appendix C – Section Breakdown Worksheet; Appendix D – Additional Resources
– David J. Meyers
CHAPTER 3
Determining Boundaries Based on Surveys
What Is a Survey?; Types of Surveys; Ordering a Survey; Primary Use of Surveys in Real Estate Transactions; How Boundary Surveys are Performed; Reviewing Surveys; Conflicting Surveys; Select Statutes Applicable to Surveyors and Surveys; Appendix A – Survey Showing Encroachments; Appendix B – Survey Based on Erroneous Point Of Beginning; Appendix C – Survey Based on Corrected Point Of Beginning; Appendix D – Bearing Quadrants; Appendix E – Naming Convention for Bearings; Appendix F – Elements of Curve
– Robert F. Devolve
CHAPTER 4
Determining Boundaries Based on Adverse Possession
Introduction; Survey Versus Adverse Possession; Statute of Limitations to Recover Title and Possession of Real Property; Essential Elements of Adverse Possession; Relationship Between Prescriptive Easements and Adverse Possession; Taking of Ownership and Possession; Factors Defeating Adverse Possession Claim; Payment of Real Estate Taxes; Adverse Possession of Registered (Torrens ) Property; Adverse Possession of Public Property; Terminating an Adverse Possession Before it Ripens Into Title; Pleading Considerations; Enforcement of Rights Acquired by Adverse Possession; Appendix A – Sample Summons; Appendix B – Sample Complaint; Appendix C – Sample Answer and Counterclaim; Appendix D – Sample Notice of Lis Pendens
– Scott M. Lucas & Shaun D. Redford
CHAPTER 5
Determining Boundaries Based on Practical Location
Introduction; Three Ways To Establish a Boundary By Practical Location; Acquiescence; Agreement; Estoppel; Boundary Markers; Practical Location of Boundary On Registered Torrens Property; Practical Location Versus Public Body; Judicial Determination of Torrens Boundaries; Expert Opinion; Appendix A – Sample Pleading Language
– Nancy Landmark
CHAPTER 6
Determining Boundaries on Waterfront Properties and Riparian Rights
Ownership of Lake and River Beds; Meander Lines and Description Issues, Water Boundaries; Ownership Rights of the Lakeshore Property Owner
– Samuel D. Felix
CHAPTER 7
Practical Non-Judicial Solutions to Boundary Problems
Boundary Disputes Amenable to Non-Judicial Solutions; Boundary Agreements; Ethical Considerations; Appendix A – Sample Boundary Agreement
– Paul B. Kilgore
CHAPTER 8
Judicial Resolution of Boundary Disputes
Registration Proceeding Under Chapter 508; “Quiet Title” Actions; Appendix A – Sample Quiet Title Summons; Appendix B – Sample Quiet Title Complaint; Appendix C – Sample Notice of Lis Pendens; Appendix D – Sample Affidavit for Publication of Summons; Appendix E – Sample Affidavit of Default; Appendix F – Sample Findings of Fact, Conclusions of Law, Order for Judgment, and Judgment
– Susan T. Ledray, Charles “Huck” Andresen & Cindy K. Telstad
CHAPTER 9
Special Boundary Problems
Road Boundaries; Trees; Structures Built Over Boundary Line; Vertical Boundaries and Walls; Appendix A – Sample Party Wall Agreement; Appendix B – Sample Easement for Double Bungalow; Appendix C – Sample Party Wall Easement and Agreement and Driveway Easement and Restrictive Covenants for Twinhome
– James M. Neilson
Table of Authorities
Subject Index
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