Have you discovered that your fence encroaches on city property? Have you received a notice about a structure built over a utility easement? Right-of-way issues can suddenly transform your Minneapolis property from a valuable asset into a legal headache.
Understanding Right-of-Way Complications
Right-of-way problems involve disputes or violations related to who has legal access to portions of your property. These issues range from minor encroachments to significant legal complications that can drastically affect your property’s value and sellability.
In Minneapolis, our unique urban development patterns and aging infrastructure create prevalent right-of-way issues. Many homes were built decades before current regulations were established, creating situations where long-standing structures may technically violate modern codes.
The stress these issues create can be overwhelming, especially when you’re already dealing with the complexities of selling your home. Many Minneapolis homeowners feel trapped between expensive legal remedies and uncertain prospects for selling their homes.
Common Right-of-Way Issues Affecting Minneapolis Properties
Encroachments occur when structures like garages, sheds, or fences extend beyond your property line onto city property or neighbors’ land. In Minneapolis’s older neighborhoods with small lots, even a few inches of encroachment can create significant legal complications.
Fence line disputes are the most common right-of-way issue we encounter. Many homeowners are surprised to discover, through pre-sale surveys, that fences installed decades ago do not align with the actual property boundaries, raising questions about true ownership.
Utility easement violations occur when structures are built over or within designated easement areas that contain underground utilities. Minneapolis utilities have the legal right to access these areas, and violations can result in the forced removal of structures at the homeowner’s expense.
Driveway and alley access problems are particularly troublesome in Minneapolis neighborhoods with shared alleys and limited street frontage. When a driveway crosses a neighbor’s property or improperly connects to an alley, complex legal questions arise about access rights.
Sidewalk maintenance responsibilities in Minneapolis place the burden on property owners, but many aren’t aware of these obligations until violations are cited during pre-sale inspections. Cracked or uneven sidewalks can trigger city requirements for immediate repairs.
Traditional Sale Challenges with Right of Way Issues
When selling through traditional channels, right-of-way issues frequently surface during the title search process. Title companies flag these problems because they create risks for new owners, often delaying or derailing closings.
Lenders typically require a clean title with no boundary disputes or encroachments before approving financing. This means even motivated buyers may be unable to purchase your property until all right-of-way issues are fully resolved.
Proper resolution often requires expensive professional surveys, costing $1,500-$3,000, followed by legal documentation such as boundary line agreements or corrective deeds, which add additional costs and delays of weeks or months.
Minnesota disclosure laws require sellers to report known boundary issues and encroachments, making it legally problematic to sell without addressing these problems. This transparency, while ethically essential, often scares away traditional buyers.
The financial impact can be substantial, with some resolutions costing $5,000 to $15,000, depending on the complexity and whether structures need to be relocated or rebuilt. These unexpected costs can drastically reduce your net proceeds from the sale.
Options for Selling a Property with Right-of-Way Issues
When facing right-of-way complications, homeowners typically have several options. Legal remedies, such as boundary line agreements, can formalize existing conditions, but they require neighbor cooperation and commonly involve legal expenses ranging from $2,000 to $5,000.
Physical remedies involve bringing the property into compliance by moving structures, rebuilding fences, or removing encroachments. While this creates a clean solution, it’s usually the most expensive and time-consuming approach.
The timeline for traditional resolutions can range from 1 to 6 months, depending on the complexity of the issues and the cooperation of neighbors and city officials. This extended timeline creates carrying costs and delays your ability to move forward.
Cash buyers and investors, such as MN Nice, frequently purchase properties with existing right-of-way issues, accepting the responsibility for resolving these matters after closing. This approach enables you to sell quickly without the upfront expense and stress associated with complex legal processes.
Get Your No-Obligation Cash Offer from MN Nice Today
At MN Nice, we specialize in helping Minneapolis homeowners sell properties with right-of-way issues quickly and hassle-free. We understand the complex legal landscape surrounding property boundaries and possess the expertise to resolve even the most complicated situations.
We recently helped a homeowner in the Standish neighborhood who discovered their garage encroached six inches onto city property, a situation that had existed for over 40 years. Traditional buyers were backing out due to lending concerns, leaving the seller in a state of limbo.
Within two weeks of contacting us, we closed on their property, taking full responsibility for the encroachment issue. The homeowner received their cash promptly and moved forward with their plans, free from the legal complexities that had previously blocked their path.
Our team includes real estate attorneys and surveyors who specialize in Minneapolis property issues. This expertise enables us to accurately assess right-of-way issues and provide fair offers that reflect the actual costs and risks involved.
Don’t let boundary issues keep you trapped in a property you need to sell. Contact MN Nice today for a free, no-obligation cash offer.
Remember, even complex property boundary issues don’t have to prevent you from moving forward with your life. Let’s discuss how we can help you find a straightforward solution today.
About Travis Johnson
Travis grew up in the small town of Hinckley, MN. He is married and a father of 4 beautiful children. He will admit he might not be the most intelligent person in the room. However, his keen ability to read people has served him well in the real estate business.
The real estate business is made mainly of relationships. He can put together deals that some would say are impossible to do. Travis is a fast thinker and has grown his business to new highs every year since 2016. With his finger on the real estate pulse at all times, he can make intelligent decisions fast and help others along the way to a successful deal.