Farm drainage case

Mr. Berg obtained summary judgment for his client in a farm drainage case. The client was sued by a neighboring farmer for damages allegedly resulting from tiling his our clients own property. The adverse party claimed our client trespassed on his land and connected to an old tile line that was in disrepair which caused his property to flood. He further claimed that he was damaged because he had to repair tile on his property to prevent further water damage. Six years after he learned of the drainage problem, he sued our client. Mr. Berg moved the court for dismissal because the installation of drainage tile is an improvement to real property and is governed by a two year statute of limitations, Minn. Stat. §541.051. This means that an action must be started within two years from the discovery of the problem. The Judge agreed with Mr. Berg and entered summary judgment in our client's favor, dismissing the matter.

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