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Property Law Keyed to Kurtz
Romanchuk v. Plotkin
Citation:
9 N.W.2d 421 (1943)Facts
In 1915, defendants acquired property at the corner of Twelfth and Humboldt Avenues in Minneapolis with two houses connected to a common sewer drain leading to the public sewer on Humboldt Avenue. In 1921, defendants acquired adjacent property (later sold to plaintiffs) and in 1922 installed plumbing in this house, connecting it to the existing sewer system by running pipes underground across what would become the property line. Two days after acquiring this property, defendants mortgaged it to Margaret Roggeman, who later foreclosed and then sold it to plaintiffs in 1938. When the sewer became clogged in 1941, defendants notified plaintiffs they would disconnect their sewer connection. Additionally, a fence between the properties encroached 1’5″ onto plaintiffs’ land according to the legal description.
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