Can my neighbor acquire my land through adverse possession?

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: 04/07/2025
• State: Minnesota

Answer:

Under Minnesota law, a neighbor can potentially claim land through adverse possession if certain conditions are met. According to Minnesota statute 541.02, a person must possess the land in question for at least fifteen years before they can bring a legal action to claim it. Additionally, they must have paid taxes on that land for at least five consecutive years during the time they claim to have occupied it adversely.

However, since you have given your neighbor permission to use your driveway and part of your field, this may affect their ability to claim adverse possession. Adverse possession typically requires that the use of the land be without permission. Therefore, as long as your neighbor is aware that they are using your property with your consent, it is unlikely they can successfully claim it through adverse possession.