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PAUL W.CHAMBERLAIN CHAMBERLAIN LAW FIRM MEG TURNER, Le al Assistant
Attorney at Law g
445 Lake, Suite 333
Wayzata, MN 55391
952/473-8444 • Fax 952/473-3501
E-mail:bulidoglaw@visi.com
Sent via Hand Delivery
March 13, 2002
Mr. Robert A. Ryan
Ms. Delores Ryan
400 Leaf Street
Long Lake, MN 55356
Re: Encroachment
Dear Mr. Ryan and Ms. Ryan:
Our office represents Tony Eiden Company. We are writing about an
encroachment of your driveway on our client's property.
Our client has a beneficial interest in Lot 2, Block 1 Fox Bend, Hennepin County.
On the northwest corner of Lot 2, your driveway encroaches the property.
We understand that Mr. Eiden has spoken with you about this problem, and you
have taken the position that your interest is somehow "grandfathered in,"
whereby you need not do anything about your encroaching on the property.
You will need to get your own independent legal advice on this to advise you this
is totally incorrect. There is no right of adverse possession on Torrens titled
property, and Lot 2 is governed by Torrens Certificate number 867089. You can
confirm the Torrens status of the property directly with the county in the Registrar
of Titles in downtown Minneapolis.
Although you have no legal right to your encroachment on our client's property, in
order to resolve this without the necessity of additional action, our client is willing
to incur the expense to move your driveway over so it is on your property and off
of ours. It will be done in an acceptable manner and not leave any residual
problems you would otherwise have to solve if you took care of the driveway
moving yourself. Nevertheless, we have an immediate concern to get this matter
ti y
Mr. Robert A. Ryan
Ms. Delores Ryan
March 13, 2002
Page 2 of 2
solved, and therefore can only give you five days from the date of this letter to
accept or reject our offer.
You should know that if you reject the offer in this letter, our client will fence our
property and the practical problems caused by your lack of a driveway will be
your own responsibility.
No doubt you make a number of business decisions where you need to assess
the pros and cons and come to a practical solution. We urge you to use your
best business judgement, get whatever advice you need, and act accordingly.
We trust you understand that the spirit of this letter is to demonstrate our
willingness to be a good neighbor and solve a problem, rather than to create one.
We are expecting that your response will follow the same objectives.
Yours very truly,
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Paul W. Chamberlain
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