ADVERSE POSSESSION ACTIONS
Adverse Possession Actions in Minnesota involve a legal process by which an individual can acquire title to real property by occupying it in a manner that is actual, open, continuous, exclusive, and hostile for a statutory period of 15 years. This doctrine is codified under Minn. Stat. § 541.02, which sets forth the time limitation for actions to recover real estate and the requirements for adverse possession claims.
The establishment of adverse possession
(1) The possession must be hostile, meaning it is without the permission of the true owner and under a claim of right;
(2) The possession must be actual, involving physical use of the property;
(3) The possession must be open, such that the true owner is on notice of the adverse claim;
(4) The possession is continuous for the entire statutory period without significant interruption; and
(5) The possession is exclusive, excluding the true owner and others from possession.
In Minnesota, the payment of property taxes is generally required for adverse possession claims involving land assessed as separate tracts or parcels. However, this requirement does not apply to boundary line disputes or lands not separately assessed for taxation. Additionally, adverse possession can occur even under a mistake as to the boundary line, provided the possession is accompanied by an intent to appropriate the land as one’s own. Once title is acquired through adverse possession, it is considered a legal title in fee simple, equivalent to a title obtained by a deed, and can be transferred or enforced through legal actions.