09-11-2017 Council Packet - Laserfiche WebLink

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alleged rights as claimed in the May 1, 2017, letter from their attorney. Two factors legally prevent the Whites from taking the actions suggested by Mr. Johnson in his letter. First, in 2012 the Whites entered into an agreement with the Lupients by which the Whites stated that "we are not now and will not in the future be making any claim of rights to the Lupient Property." To the extent any of the issues in the attorney's letter relate to claims of adverse possession or prescriptive easements, the Whites have disclaimed their interest in the Agreement with the Lupients. The Agreement with the Lupients is attached as Exhibit A. Second, and more importantly, as a matter of law the Whites cannot make any claims for adverse possession or prescriptive easements. This property is registered Torrens. As such, title to registered property cannot be gained by adverse possession or prescriptive easement. Minn.Stat.§ 508.25 ("Every person receiving a certificate of title ... shall hold it free from all encumbrances and adverse claims..."). The Certificate of Title for this property is attached as Exhibit B. As you can see, neither the Whites nor their predecessors have asserted any title interest of record on the Certificate of Title. On the specific issues raised by Mr. Johnson, Lake West has the following responses: 1. Access The Easement dated September 6, 1968, and filed as Doc. No. 922012 grants a perpetual 30400t wide access easement for roadway purposes over the White property and for the purpose of access to and egress from the Lupient property. A copy of the Easement is attached as Exhibit C. The Easement contains no restrictions limiting access for any particular type of ingress or egress. Ingress and egress for construction purposed on the benefitted lots could clearly be contemplated under the Easement. The Lupient property is two acres and contains sufficient space for construction worker and equipment parking. The Easement area will only be used for ingress and egress, and not for parking. Attached as Exhibit D is drawing that shows the roadway easement at the bottom of the page adjoining Ivy Place. 2. Encroachments The encroachments by the Whites on the Lupient property are admitted by Mr. Johnson in his May 1, 2017, letter. These encroachments are not an impediment to Lake West's development of the property, but rather are a problem for the Whites to reasonably resolve with their neighbor. In the absence of any agreement, Lake West would be within its rights to demand that the Whites remove these encroachments, which include their deck, driveway, and utilities. Lake West is willing to reach an accommodation with the Whites on these issues, but the parties have not yet reached an agreement. Lake West is willing to allow these encroachments for the time being.