Full question:
My husband, sister and I purchased a lake home a few months ago. When we purchased the home, our Realtor explained where the property lines were, according to what the previous owner had told him. Property B (on the side of us) was being rented out at the time. Currently the owner of Property B is selling the home to his son and is saying that when he had the property surveyed a few years ago, that our home is sitting about 6 inches on his property and is expecting us to pay him for the property. Where do we go from here? I understand the "adverse possession" rule, stating that if someone has been in possession continuously and openly for 25 years he has acquired title to the land. But does that mean that we have had to live there for 25 years or that the house has been on the land for 25 years. The house was built in 1965 and we believe we are at least "owner No.#4".
- Category: Real Property
- Subcategory: Adverse Possession
- Date:
- State: Minnesota
Answer:
Adverse possession claims generally require continuous possession by the claimant. It may be possible to claim adverse possession even if there is a transfer of ownership through the principle of "tacking" - for example, a former owner's twelve years of adverse possession can be "tacked" to the present owner's eight years, for a cumulative twenty years of adverse possession.
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.
