Man Saws Neighbor’s Garage in Half — and Wins in Court!
A homeowner in Nashauk, Minnesota sawed his new neighbor's garage in half, claiming it was on his property -- and because he was technically right, he's getting off scot-free.
Mark Besemann, had just finalized his purchase of the home in April 2013 when he returned to the property to find his garage severed. He filed civil suit against his neighbor Roger Weber, who had performed the garage-ectomy... but Weber will not be held legally responsible for the damage, because technically, it was his own property that Weber destroyed.
The dispute started when Weber's father Robert, who had previously lived in the home, passed away in 2012, leaving the home to the younger Weber's sister, Ann Anderson. Roger Weber claims he informed his sister that he intended to remove any structures within her home that were technically on his property, which included not only half the garage, but also the septic system.
In the midst of the dispute, on April 18, 2013, Anderson sold the property to Besemann. The sale was finalized on April 22, and on April 27, Besemann arrived at his new home to find his garage in ruins and his septic system disabled.
In her written decision on the matter, State District Judge Lois Lang states:
Although the Court is sympathetic to Plaintiff's (Besemann's) plight, and in no way condones the rash actions of Defendant Roger Weber, Plaintiff has not pled claims or established facts in support of those claims that entitle him to relief under the circumstances. Plaintiff's trespass claim fails because Defendant Roger Weber damaged structures that were located upon his own property; Plaintiff did not prove that he rightfully possessed the land upon which Defendant Roger Weber damaged property.
Besemann has not only been denied the damages he sought, but he will be held responsible for $400 of Weber's court fees.
Besemann says he is "astonished" at Lang's decision and plans to appeal it.