Adam W Heaton’s Answers

Adam W Heaton

White Bear Lake Business Attorney.

Contributor Level 7
  1. My neighbor has built several fences that are 2' onto my property. Line has been surveyed & marked but he won't remove them.

    Answered over 1 year ago.

    1. Adam W Heaton
    2. Thomas Michael Fafinski
    3. Andrew Thompson
    3 lawyer answers

    I strongly encourage you to be represented by an experienced real estate attorney, such as myself, because resorting to self-help has the risk of leading to violence. As for what you have shared, it seems to me that it would be unlikely that the adjoining property owners acquired title by adverse possession to the small strip of land, especially considering the fact that the previous fence was located in the correct location. I'd be more than happy to discuss this matter with you further if...

    Selected as best answer

  2. If a previous power of attorney was drawn up does a new power of attorney supersede the previous one?

    Answered over 1 year ago.

    1. Adam William Klotz
    2. Kelly Scott Davis
    3. Adam W Heaton
    4. Andrew Thompson
    5. William Thomas Schemmel
    5 lawyer answers

    The powers granted to the attorney in fact (AIF) in a power of attorney instrument can be revoked at anytime; however, if the original of the previous power of attorney instrument is not destroyed then a third-party could innocently rely on the prior power of attorney instrument to the detriment of the person who initially granted the power to the AIF. Do not hesitate to contact me at my office if you would like to discuss further. ~Adam

    4 lawyers agreed with this answer

  3. How do I get my boyfriend of 16 years out of my house in a hurry he is making my life a living hell and costing me extra money.

    Answered about 2 months ago.

    1. Adam W Heaton
    2. Maury Devereau Beaulier
    2 lawyer answers

    Most importantly, are you and the children safe from harm? If you or the children have been threatened (put in fear of imminent bodily harm) or actually physically assaulted, then you can immediately seek an Order for Protection (“OFP”) from the county (district) court, which if granted will legally restrict him from coming within a predetermined distance of the home and/or you or the children. OFPs are enforced by law enforcement and it is a criminal act to violate an OFP. If there is not...

    Selected as best answer

  4. Researching prior litigation involving residential builders.

    Answered about 2 months ago.

    1. Adam W Heaton
    2. Alan Baker
    3. Sarah Emily Fisher
    3 lawyer answers

    In Minnesota, in the state district courts, you could search the Minnesota Trial Court Public Access system at http://pa.courts.state.mn.us/default.aspx Many, but not all, Minnesota appellate court records can be searched and reviewed at http://mn.gov/lawlib/search/ The federal courts use a completely different electronic records system that can be accessed at no charge by visiting one of the federal courthouses and sitting at one of the computer terminals available to the public. In...

    Selected as best answer

  5. Can our neighbor prevent us from using her driveway that is allowed to us via easement even if she never received the agreement?

    Answered over 1 year ago.

    1. Adam W Heaton
    2. Robert Leland Glushon
    3. Shawn Raju Singh
    4. Michael T Millar
    4 lawyer answers

    The first thing you need to do is verify that the easement is "of record." Minnesota has two title record systems, registered and abstract, so you will need to check with the appropriate county office for property records and find out if the easement is of record. If it is, then you have a really strong case; if it isn't, then you will have a much more difficult case, but all is not lost.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. A family member will not sign off on a contract for deed that another family member just finished paying off.

    Answered over 1 year ago.

    1. Adam W Heaton
    2. David W. Jacobsen
    3. Stephen William Hance
    3 lawyer answers

    The ownership interest in the applicable real property that the new wife obtained when she married your father is "subject to" the terms of any encumbrances in affect at that point in time. Just like she would be if your father had granted a mortgage to a lender as security for the repayment of a loan; in which case, if your father defaulted on that loan the party holding the mortgage would have the right to foreclose and take the property without any consideration of the fact that the new wife...

    3 lawyers agreed with this answer

  7. I have a (tbi) brain injury. Where can one find a tenant lawyer to assist me if needed in court.

    Answered over 1 year ago.

    1. Adam W Heaton
    2. Elizabeth Taylor Herd
    3. Thomas J. Turner
    3 lawyer answers

    You may contact my office to discuss further if you are looking to hire an attorney to represent you. If, however, you think you might qualify for legal aid, then you could contact Southern Minnesota Regional Legal Services at 651-222-4731. ~Adam W. Heaton

    3 lawyers agreed with this answer

  8. We sued our previous landlord in small claims court and won. What's the best way to collect from him with only his home address

    Answered over 1 year ago.

    1. Adam W Heaton
    2. Andrew Thompson
    2 lawyer answers

    Executing on a judgment is not a simple process; actually, it's somewhat complicated with several different options for how to proceed. In my experience, the dollar amount of the judgment typically factors in to the process of deciding how to move forward. If other attorneys respond to your question, be sure to notice whether they practice law in Minnesota because every state is a little different. I encourage you to contact an attorney to discuss further; I'd be happy to talk with you....

    3 lawyers agreed with this answer

  9. My land lord wants to do a dust/mold test in my unit. I would like them to do the test in winter months when the problem is here

    Answered over 1 year ago.

    1. Adam W Heaton
    2. Thomas Michael Fafinski
    2 lawyer answers

    This would actually be a great time to test for the presence of mold, and even if it was later into the summer mold could be detected if it had been present in the winter. But that is not the issue. If the landlord provides prior written notice of intent to enter the unit, then there is not much you can do to stop the landlord (with some exceptions). I assume the landlord wants to enter the unit during a weekday; if correct, then that would typically be considered reasonable as long as the...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. If someone owes me money and writes a letter stating this and gets it notarized is this legally binding?

    Answered over 1 year ago.

    1. Adam W Heaton
    2. Thomas Michael Fafinski
    3. Judy A. Goldstein
    4. Bryant Keith Martin
    5. Jeremy Judson Cobb
    5 lawyer answers

    I don't necessarily agree with my colleagues answers. In my opinion, the answer is "It depends." It depends on what is in the letter. The author and signor of the letter must make certain specific statements in the letter, that if present, could satisfy the necessary requirements to be able to pursue collection of the underlying funds. Additionally, in Minnesota, in certain circumstances the law allows the party in recent of the underlying funds to keep those funds without any obligation to...

    2 lawyers agreed with this answer

We're ready to help. Contact us today.

651-967-7884