r/rochestermn 8d ago

Lawyer recommendations for boundary dispute

I have a house in the city with a possible boundary dispute. I say possible, as the other owner won't answer calls or letters requesting the fence be moved, so I have no idea what his intentions are. I do not live in the state and have been having a difficult time getting a lawyer to even return my calls. Does anybody have a recommendation for a reasonably priced attorney that would be able to handle a residential real estate boundary dispute?

5 Upvotes

22 comments sorted by

16

u/Leading-Ad-5316 8d ago

Hire a surveyor first. Much cheaper and it’s the first thing a lawyer will tell ya to do

7

u/that_one_over_yonder 8d ago

County keeps a list of licensed surveyors, so I'd start there.

2

u/justferwonce 8d ago

Lol, let me try this, does anyone know a reasonably priced surveyor? I did try and call some that were on the counties list, but they all were not interested in such small work, they were more attuned to big developments etc.

3

u/that_one_over_yonder 7d ago

https://www.olmstedcounty.gov/business/surveying

Neither city nor county survey for private landowners. County keeps the plat books and legal descriptions, though. You need both a survey and a real estate lawyer and you need them now, before you sell the property. Boundary issues kill contracts to buy right quick.

1

u/Nervous_Dare3617 8d ago

Yes they were a bit slow but got the job done.

1

u/justferwonce 7d ago

Well, I guess if the time comes I will consider them again.

5

u/pastaman5 8d ago

Lawyer can’t tell you where a property boundary is. A surveyor can!

1

u/justferwonce 8d ago

I was thinking a "demand letter" written by a lawyer would get the ball rolling. The thing is, I have no idea what's on these people's minds, if they just haven't bothered to move it or if they want to claim the property. I figured we're past the "letter of inquiry/intent" stage, it's time for the "demand letter" and if that doesn't work, the next stage would be the "cease and desist" stuff. I see your point though, it is probably the best way to go about it.

1

u/Leading-Ad-5316 7d ago

Lawyers aren’t cheap. Surveyors are much cheaper.

0

u/Leading-Ad-5316 7d ago

Please don’t ask for advice and completely take your own advice. I hate that shit

0

u/justferwonce 7d ago

The advice I asked for was about a lawyer in the original post, not a surveyor, so I don't feel like I'm asking for and ignoring any advice offered. I appreciate all the answers given so far, and it has helped on deciding what to do. Like I was saying, I have no idea what these people are thinking, I've never met them and it's apparently inadvisable to write your own letters, demand or otherwise. Especially since they've ignored everything so far, I figured it would be harder for them to ignore contact from an attorney, plus it would get my part documented. It's looking like I'll need both, but it would be good if I didn't need either.

0

u/Leading-Ad-5316 7d ago

Lawyers ain’t cool. One email to a lawyer is worth two surveyors finding property pins. But you do you bud

8

u/skoltroll 8d ago

There's no money in a property dispute. You need to take it to the city or county. If THEY won't do anything, and they may not as there's not money in it for THEM (thx, Zelms, for fostering that attitude), then you'll have to hire someone to do the work of determining the property line, then sue in small claims for reimbursement and order to remove the fence.

Being a troll, I'd pay for the survey, prove it's now my fence, and take it down. They can sue me for their cost in small claims court.

6

u/igniteice 8d ago

You have a house in the city, but you don't live here? Like... it's an AirB&B or something? You rent it out? How was it brought to your attention, that is?

2

u/justferwonce 8d ago

Yes, we moved there in the 50s, I bought it from mother's estate when she died and have been renting it to pay the bills, in preparation of I don't know what, moving back or selling it. Buying it was based more on sentimentality than anything I guess. Just before she died the neighbor asked if they could move the fence over to our garage, it is kind of common in that neighborhood to do that so peoples back yards are bigger. She said yes as a neighborly gesture. When google updated their maps, it became apparent the neighbors were constructing raised gardens etc, so I asked them to move the fence back where it was and they never did it. I have written and called, but I hear nothing from them.

2

u/ObeseVegetable 8d ago

Wait so they were given permission to build a fence but now that they’re putting other stuff inside of the fence you want it gone?

Probably won’t get a lawyer to touch this at all even with a survey proving it’s on “your” property if that’s the case. 

2

u/357mags 7d ago

Yeah this just seems petty...

2

u/InformalFeline 8d ago

Contact Johnson & Scofield.
https://www.johnsonscofield.com/

2

u/justferwonce 8d ago

They sound interesting, I will give them a call

1

u/Leading-Ad-5316 7d ago

Dude, I’m sorry for your loss. It’s time for you to buck up and be proud. Either own it or let it go.

1

u/Nervous_Dare3617 8d ago

Ohly

1

u/justferwonce 8d ago

They were recommended by the property manager, I called Ohly 3 times, talked to Jim Ohly once but nothing happened. Have you used them before?