Need a good real estate attorney...

[83walleye]

Our family has owned a 100' lake lot on Hand Lake in Cass county(Pine River area) since 1968. Have all-season cabin, garage, and shed on premises. Always paid taxes on time. A recent survey by one of our neighbors showed that the certified survey that was completed back in 1968, when we bought the lot, was off by exactly 100'. Turns out all of our buildings are on state land - that we actually own the 100' directly north of the one we thought we owned.

Now, the tricky part. Turns out the land we're actually on is state "trust" land, and that the state cannot do anything except evict us without some kind of MN Legislative action. This new survey was conpleted in Aug '05.

Do any of you have any recommendations about a real estate attorney who specializes or at least has some experience with private/state land disputes? Seems to us we could simply swap the land we actually "own", for the lot we're actually on, but the state will have nothing of it. Their response is that they don't want any lots as small as 100' on this particular lake. I mean, we've been paying taxes for almost 40 years - why didn't the state tell us about this before now? They've threatened to take our lot and buildings and place it all on open auction - yikes. My mom & dad are 78 and grew up here - it's just about putting them down at this point.

Help!

[Gissert]

Wow! That is interesting, to say the least.

There are probably a lot of good real estate lawyers out there.

I used one in Fergus Falls to clear up a survey error in the early 90's. This error was no where near as significant as yours.

If you cant find someone closer to your location, I will give you his name.

[jerk bait]

If it is State School Trust land the state can sell or trade the property. These properties were set up to provide income for local school districts. The land is typically logged for the income and retained by the state. They will trade the property if the land they receive has some qualities they are looking for,environmental etc. If you have been paying taxes and maintaining the property like you said you may have an adverse posession case. I don't know if government property is exempt from this law or not.In any case I think you would have a good chance at winning a lawsuit against the state. I'm not an attorney but I think you should be able to find one that specializes in real estate easily.

[gundy89]

I highly recommend Larry Wilford. He works for Wilford and Geske. Phone: 651 209 3300 email: lwilford at wilfordgeske (Contact US Regarding This Word) Tell him Eric Gunderson sent you. Hopefully he can help you out! Sounds like a tough deal.

[PairOfChoppers]

Perform a google search on these keywords:

squatters rights minnesota

A lawyer would definetly be a good idea in this situation. Sounds like sooner the better if they are threatening to auction everything.

I'm not an expert in this area but have had to deal with property issues in the past. I think you have legal rights that you can exercise and work something out with the state.

I know of an excellent firm in Mpls. but I'd imagine you'd want someone closer.

The original survey company should be accountable for this. A second survey might be in order to back up the Aug. 2005 survery which will probably happen if you file a lawsuit against the original survey company.

Good Luck!

[83walleye]

DNR has had another survey completed since August survey, which confimed new survey. Original surveyor has died, and we were told an option to consider would be to go after the deceased surveyor's estate.

[PairOfChoppers]

After reading jerkbait's post, Adverse Possession describes your situation. Also research Open & Notorious Possession.

The little bit of research I did, I think you should have a descent case to win.

[Jarrod32]

I think another key line in your post was "...without legislative action". Talk to your legislator, and see if you can work out the land swap through legislative action (work with your attorney on this). It should also be an easier sell to them if you are offering something in exchange (a swap of land for land) than if you are just trying to get something for nothing...

[Jackpine Rob]

You've got some pretty well qualified real estate attorneys right there in Duluth that you can check out.

A couple of thoughts would be Charles Andresen and Paul Kilgore, both of whom teach courses to other lawyers at the Continuing Legal Education courses.

As for legal advice obtained from those of us on this Forum, its worth about you paid for it! Get a pro involved immediately. Your situation is a real lakeshore/rural classic, and one reason title insurance companies get a little nervous dealing with such properties.

[fivebucks]

We bought some lakeshore that used to be School trust land. We purchased from an attorny in Bemidji who did a bunch of leg work to get legal title to sell the land. To make a long story short he finally traded other land to the state for the trust land and had the current governor, Arnie Carlson, sign off on it. If you would like his name please e-mail me at mheitz at lakestatecoin (Contact US Regarding This Word) and I will pass along the info. It sounds like the same type of deal our land was.

[Lake Alice]

Call here to my law firm, my partner Tom O'Connell is a real estate guy. 651 227 0611. My name is Chris Wachtler.

[lawdog]

Quote:

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As for legal advice obtained from those of us on this Forum, its worth about you paid for it! Get a pro involved immediately.

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You said a mouthful there Jackpine! If I was closer I'd be glad to help out, but you're really fighting an uphill battle against the state. You can't, for instance, prevail in an adverse possession claim against the state, its exempt from such a claim. Don't think you'd get any farther claiming any sort of "squatter's rights" really either.

I think your best bet is working with your area Representatives and Senators frankly. An old dead surveyor isn't likely going to buy you any new land either...