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HUGH BISHOP <br />MEMBER. AMERICAN ACAOEMif OT <br />AITERNATWE DISPUtE RESautlONAtTORNErS <br />.A <br />December 9, 2002 <br />Via email to: <br />Janet L. Manley <br />Kevin D. Manley <br />4179 Ethan Drive <br />Eagan, MN 55123 <br />ManleyBconttnic4933@mtn.com <br />651-454-6030 (h) <br />612-961-1568 (Janet) <br />612-275-8722 (Kevin) <br />Re: Title registration of Lot 7, Fagemess <br />Dear Mr. and Mrs. Manley: <br />You have asked me to give a description of our title registration that could be shared with the City at <br />the City Council meeting this evening. The question you think they would most like addressed is. <br />“Who owns the land between the street and the water?" <br />When Fagemess was platted into lots, each lot was defined as extending to the water. There was <br />a street across the lots, but each lot went to the water. Each lot still extends to the water. What <br />about the "new" land that has been slowly accreted and keeps extending a little further out into what <br />had been lake water many years ago ... who owns that? <br />The typical view of the rules of property law is that if new land is s/owfy added to the shore, then the <br />owner of the land on the shore owns the new land. But who is the owner of the old shore? Is it the <br />owner of the lot... or is it the City, as the owner of the street? <br />The street was defined by the plat as extending only 40 feet in width, and the lot was defined as <br />extending all the way to the water. Therefore as the water has slowly deposited more land against <br />the shore, that "new" land belongs to the owner of each lot, rather than to the City I believe the City <br />has recognized this as the rule specifically for Fagemess for many decades. Each time I have done <br />a title registration for a lot in Fagemess we have served the City with notice and the City has never <br />argued. <br />What a title registration does is to confirm the ownership of land. You already own the accreted <br />land, because it is defined as being a part of your lot. But if someone asks you for a piece of paper <br />that shows the court has passed judgment on your title, we need to complete a title registration ac­ <br />tion. A registration is in essence a giant quiet title action, saying to the whole world, "Speak now or <br />forever hold your peace." <br />S508 WEST 66'" STREET MAIL STATION 39730 EDINA, MN 55439-0730 <br />HughBishopO«srtMink.n«l FAX: 1-677-281-6168 phone : 612-590-9000