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Subdivision 1.Land surveys.
Except where fraud is involved, no action to recover damages for an error in the survey of land, nor any action for contribution or indemnity for damages sustained on account of an error, may be brought against any person performing the survey more than two years after the discovery of the error, nor in any event more than ten years after the date of the survey.
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Subd. 2.Action allowed.
Notwithstanding the provisions of subdivision 1, in the case of action which occurs during the ninth or tenth year after the date of the survey, an action to recover damages may be brought within two years after the date on which the action occurred, but in no event may an action be brought more than 12 years after the date of the survey.
Notes of Decisions
Klinger v. Kightly, 791 P.2d 868 (Utah 1990).
· cites it 2× “5838 (1987) (accrues when professional relationship ends or must be brought within six months of discovery); Minn. Stat. § 541.052 (1988) (two years after discovery or ten-year statute of repose, whichever occurs first); Mo.”
Willhite v. Cass Cnty. Bd. of Supervisors, 692 N.W.2d 92 (Minn. Ct. App. 2005).
· cites it 5× “Minn.Stat. § 541.052, subd. 1 (2004). In determining whether a statute has been correctly applied, this court looks first to its language to ascertain and effectuate legislative intent.”
Weston v. McWilliams & Assocs., Inc., 694 N.W.2d 558 (Minn. Ct. App. 2005).
· cites it 2× “For example, we note Minn.Stat. § 541.052 (2002) (liability for land survey error), enacted in 1986, setting both the limitations period and the ten-year repose period in reference to the act of bringing suit.”
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