25 Dale St N, St Paul, MN 55102 | Phone: 651.209.9760 | Fax: 651.292.9482

Litigation

Litigation

Whether you view the world from an adversarial or conciliatory viewpoint, litigation and conflict are a reality in our society. Our firm specializes in real property related litigation, including appellate advocacy, such as quiet title and declaratory judgment actions, forfeitures, condemnations, and TILA and RESPA actions. We have acted as both plaintiff and defense counsel in hundreds of matters relating to lien priorities, breach of contract, legal descriptions, void foreclosure actions, boundary disputes, easements, and fraud.

Our firm also handles negotiations relating to boundary line disputes, landlocked properties, shoreline access, and awards in condemnation actions. Our goal is to reach a successful and cost effective resolution to the conflict whether that resolution is reached through litigation or negotiation.


FAQs

Were you aware that it is common, particularly in rural Minnesota, for discrepancies to exist between the legal description of your property in the county records and the actual boundary lines of the property you own?
These disputes can sometimes be resolved through negotiations but may result in a quiet title action.

Were you aware that if a parcel or portion of your land is occupied for a period of fifteen years in a hostile, actual, open, continuous and exclusive manner, the person who was occupying that parcel or portion of land may file an action to claim title to this property claiming adverse possession?
This situation occurs with regard to boundary lines; common usage of driveways and access roads, etc.

Were you aware that Minnesota law recognizes several theories for establishing an easement over disputed land?
For instance, an easement by implication requires only that you establish a separation of title; the use is necessary for the beneficial enjoyment of your property and the use has been so long continued and established as to be considered permanent. This varies significantly from the fifteen year period required for a prescriptive easement.

Were you aware that if you do not formally respond to a summons in a land dispute with your neighbors within twenty days, it may result in a judgment by default against you for the relief the other party is seeking?

Upon being named in a lawsuit that you do not agree with, it is important to seek legal counsel immediately or risk having default judgment be entered against you. However, even if that has already occurred, in many instances an attorney may still be able to defend you against it.

Were you aware that foreclosures by advertisement, also known as a non-judicial foreclosures, are routinely challenged by property owners based on technical defects in the foreclosure process even if the homeowner has not been harmed by the defect?
The Minnesota federal and state appellate and district courts have moved from a substantial compliance standard for these technical defects and have imposed, in many cases, a strict compliance standard which could result in a void foreclosure.

Were you aware that latent defects in the chain of title to your property may have existed for years without being resolved?
These issues typically surface when you attempt to sell or refinance your property. If you purchased homeowners’ title insurance, you may have recourse under your policy. Our firm can help you through the claims process. If you have not purchased title insurance, you may need to retain counsel to resolve the issue prior to selling or refinancing your property.

Did you know that special protections are afforded to companies or individuals who perform work on your property and may claim a mechanic’s lien?
If you have a dispute with a contractor or service provider that cannot be resolved through the normal negotiation process, you may need to retain counsel to determine the amount and validity of the lien.

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