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What is the Law of Adverse Possession in Minnesota ?
Sent to Legal Experts May 26 08:33 PM

What is the Law of Adverse Possession in Minnesota ? How long does one have to occupy land to claim ownership ?

 

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Littlefork, Minnesota

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May 26 8:44 PM (10 minutes and 47 seconds later)
         
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Hello and welcome to Just Answer.

In Minnesota, the duration of such possession is fifteen (15) years. Title by adverse possession is not available against properly registered land. Minnesota Code §508.02; 541.01-02.

Minnesota Statute Section 541.02 is a law that codified this legal concept. It states: "No action for the recovery of real estate or the possession thereof shall be maintained unless it appears that the plaintiff....was possessed of the premises in question within 15 years before the beginning of the action." What this means is that the actual title-holder cannot recover the possession of real estate which is being "adversely possessed" by another unless the title-holder brings action within 15 years.

In order to successfully possess a piece of real estate or to establish a boundary by Adverse Possession, the adverse possessor must show an "actual, open, hostile, continuous, and exclusive possession" for 15 years. "Open and hostile" means that the possession of the land in controversy must be readily apparent to the actual title-holder, and the title holder must not have given permission to possess that land by providing a lease or giving other license to possess it.

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