(DOWNLOAD) "Gilbertson v. Leininger" by Minnesota Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Gilbertson v. Leininger
- Author : Minnesota Supreme Court
- Release Date : January 22, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
This appeal regarding a dispute between two landowners over the location of their common boundary-with appellants Richard and Patricia Fredricks and their predecessor in interest, Jack Gabler, on one side of the boundary, and respondents Elizabeth and Stanley Fedoruk on the other-requires us to decide whether the district court may, in its discretion, refuse to give legal effect to a boundary that it has expressly found to exist by practical location. We must also decide whether the district court may order the landowners on one side of the boundary to pay the owners on the other side the full, fee-simple ownership value of the entire disputed property to compensate them for a prescriptive easement that allows limited possession and limited use of a part of the disputed property. Because the answer to both questions is no, we reverse the district courts judgment granting less than a fee simple interest to the Fredrickses after they proved the location of the boundary, and we reverse the damages award to the Fedoruks made purportedly to compensate them for the Fredrickses future use of the disputed land-land in which, according to the boundary as determined by the district court, the Fredrickses are entitled as a matter of law to a fee simple interest.
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