“Quiet Title” is a technical phrase to describe how people can ascertain ownership of real estate. It is a legal theory used when you want to establish that people claiming an interest adverse to yours in real estate do not actually have any interest. It is also a description used when there may be problems with how real estate was deeded in the past and a person needs to establish they have good, clear title to a parcel of real estate. Ultimately, a party is looking for a Judge to review the evidence regarding the title to the property and uses of the property and make a decision as to “who” owns “what” in regard to the disputed real estate. Boundary line disputes, bad legal descriptions, adverse possession claims are just a few instances where it may be necessary to bring a Quiet Title action.
Not all easements have been written down and show up in a title search. The typical problem arises where someone may share a driveway, or cross over a part of another’s property on a regular basis to access their property. All may be well between neighbors until it is not when one side blocks the access of the other. In Minnesota, if you own Abstract property, a party claiming a right to cross your property would need to prove their use is (1) hostile, (2) actual, (3) continuous and (d) exclusive for a period of 15 years. My first suggestion if you find yourself in this situation is to talk to your neighbor and try to work out a resolution. If that fails, we can help.