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1340 Baldur Park Road - 08-117-23-31-0015
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Puzak-Wingerd 2011
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Last modified
8/22/2023 5:43:32 PM
Creation date
1/8/2021 8:13:38 AM
Metadata
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x Address Old
House Number
1340
Street Name
Baldur Park
Street Type
Road
Address
1340 Baldur Park Rd
PIN
0811723310015
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An easement is a servitude creating"an interest in land in the possession of another <br /> which entitles the owner of such interest to a limited use or enjoyment of the land in which the <br /> interest exists."Minneapolis Athletic Club v. Cohler, 287 Minn. 254, 258, 177 N.W.2nd 786, <br /> 789 (Minn. 1970) (citing Rest. Prop. § 450 (1944)). In sale of real property, "[a] way <br /> `reserved'...is strictly an easement newly created." Winston v. Johnson, 42 Minn. 389, 402, 45 <br /> N.W. 958, 959 (Minn. 1890). An easement is created"if the owner of a property to be <br /> burdened...makes a conveyance intended to create a servitude." Rest. 3d. Prop., Servitudes § 2.1 <br /> (see also comment a. "...deeds have been used to create [easements] since at least the 13th <br /> century...");Northern Pac. Ry. Co. v. Duncan, 91 N.W. 271, 272 (Minn. 1902); Minneapolis <br /> Athletic, at 789; AMJUR Easements § 16. Therefore, "a certificate of title is conclusive evidence <br /> that there is an easement contained in the certificate."Nolan v. Stuebner, 429 N.W.2d 918, 922 <br /> (Minn. Ct. App. 1988). <br /> In the present case, Lot 20 was conveyed by the 1948 Deed, "subject to and reserving in <br /> the grantors... an easement for driveway purposes." The driveway was a way reserved in the <br /> grantor of Lot 20. The 1948 Deed gave the full description of the property, and acted as <br /> certificate of title. The certificate of title is conclusive evidence that the driveway easement was <br /> contained in the certificate. Therefore the 1948 Deed created an easement. <br /> 2. Easement construction. <br /> Plaintiffs contend that Defendants have failed to produce evidence of the circumstances <br /> surrounding the conveyance to show the intention of the parties to create an easement, and <br /> therefore a factual issue exists as to the intent of the parties and the validity of the easement. Any <br /> instrument creating an easement "should be interpreted to give effect to the intention of the <br /> parties ascertained from the language used in the instrument, or the circumstances surrounding <br /> 6 <br />
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