Full question:
I own 80 acres of land and have given my neighbor, who owns land that is land locked next to me, permission to use my driveway and a portion of my field to enter his land. Is it possible for him to ever be able to take the piece of my land he uses? He is well aware that he is using my private property and I pay all taxes for the land. My main question is: Would my neighbor ever be able to aquire the land he uses through adverse posession?
- Category: Real Property
- Subcategory: Adverse Possession
- Date:
- State: Minnesota
Answer:
The following is a Minnesota statute:
541.02 Recovery of Real Estate, 15 Years.
No action for the recovery of real estate or the possession thereof
shall be maintained unless it appears that the plaintiff, the plaintiff's
ancestor, predecessor, or grantor was seized or possessed of the premises
in question within 15 years before the beginning of the action.
Such limitations shall not be a bar to an action for the recovery of
real estate assessed as tracts or parcels separate from other real
estate, unless it appears that the party claiming title by adverse
possession or the party's ancestor, predecessor, or grantor, or all of
them together, shall have paid taxes on the real estate in question at
least five consecutive years of the time during which the party claims
these lands to have been occupied adversely.
The provisions of the preceding paragraph shall not apply to actions
relating to the boundary line of lands, which boundary lines are
established by adverse possession, or to actions concerning lands
included between the government or platted line and the line established
by such adverse possession, or to lands not assessed for taxation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
