Lakeshore Properties Boundary Dispute Decided on the Theory of Boundary by Practical Location

Posted by on Apr 27, 2017 in News

Tom Olson and Katie Wahlberg recently obtained a favorable decision in a boundary dispute, involving Torrens property, on the theory of boundary by practical location. The dispute involved two lakeshore properties in northern Minnesota. One reason the case is interesting is because it is a boundary by practical location claim in a Torrens setting AFTER the registration and platting of the target property. An old barb wired farm fence today mostly laying on the ground, rotted or missing fence posts was the physical evidence. Four surveyors testified; a title examiner, the county recorder; county GIS, county surveyor; several predecessors of both sides of the fence talking about fishing and hunting when they were in their teens, 60 some years earlier.

Olson and Wahlberg had successfully appealed a previous dismissal of the lawsuit and the Minnesota Court of Appeals remanded the matter for trial. On April 19, 2017, a Hubbard County judge issued an order finding that an historic fence line, with only remnants left visible and dating back pre-1950s is the boundary by practical location. We successfully established that title ripened in the 1970’s before both properties were platted in separate proceedings.

Read the order

Olson, Lucas, Redford & Wahlberg, P.A. is law firm practicing primarily in the areas of real estate and business law.