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In re Petition of Jacobsen

Court of Appeals of Minnesota

November 4, 2013

In re the Matter of the Petition of Kim Robert Jacobsen and Rebecca Antone Jacobsen For an Order Determining Boundary Lines and Determining that Petitioners are the Fee Owners of Certain Lands.

UNPUBLISHED OPINION

Hennepin County District Court File No. 27-ET-CV-10-507

Clinton McLagan, Clinton McLagan Attorney at Law, PA, Eagan, Minnesota (for appellants Kim Jacobsen and Rebecca Jacobsen)

Arlo H. Vande Vegte, Arlo H. Vande Vegte, P.A., Plymouth, Minnesota (for respondents Jennifer Strom and Colin Brown)

Sarah J.B. Adam, Reiter & Schiller, P.A., St Paul, Minnesota (for respondent Wells Fargo Bank, N.A.)

Jared M. Goerlitz, Peterson, Fram & Bergman, PA, St. Paul, Minnesota (for respondent CitiMortgage, Inc.)

Mychal A. Bruggeman, Mackall, Crounse & Moore PLC, Minneapolis, Minnesota (for respondent First National Bank)

Katherine M. Melander, Coleman, Hull & Van Vliet, PLLP, Minneapolis, Minnesota (for respondents Bank of America, N.A. and Mortgage Electronic Registration Systems, Inc.)

Considered and decided by Cleary, Presiding Judge; Kirk, Judge; and Smith, Judge.

CLEARY, Judge

In this boundary dispute between adjacent property owners, appellants challenge the district court's grant of summary judgment in favor of respondents holding that the record did not support appellants' claim for boundary by practical location over respondents' registered property. We affirm.

FACTS

On August 10, 1992, appellants Kim and Rebecca Jacobsen acquired unregistered property adjacent to the presently disputed boundary. Appellants' property shares its northwestern border with the registered property of respondents, Jennifer Strom and Colin Brown, which respondents acquired in 2004. Sections of appellants' driveway and decorative fence, along with the cable, septic, and gas lines connected to appellants' home, all encroach on the southeastern portion of respondents' property. Appellants claim that when they purchased their property, they believed the northwestern boundary of their property included the land on which all of the present encroachments are located.

One of the appellants, Kim Jacobsen, submitted by affidavit his belief as to when the various encroachments were completed. Jacobsen asserts that the encroaching driveway and decorative fencing were completed in the early 1980s prior to appellants' ownership. Additionally, Jacobsen stipulates that the city installed a sanitary system in 1985 or 1986, which the city later updated in 1994. Lastly, he states that the city ...


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