Full question:
We acquired a property last year and have learned after two surveys that the neighbor is using our land, partially to drive across (he has other access) and is also farming approximately 2 acres. We would like him to stop farming our land. He said he has been farming this land for 50 years so it is his by adverse possession. We were told that while he could have claimed it from the previous owner, now that the land has transferred to us, the adverse possession law would not apply until he farms/uses it for 15 years under our ownership.
- Category: Real Property
- Subcategory: Adverse Possession
- Date:
- State: Minnesota
Answer:
According to Minnesota law, specifically statute 541.02, a person cannot maintain a claim for recovery of real estate unless they or their predecessors were in possession of the property within the last 15 years before the action begins. This means that while the neighbor may have farmed the land for 50 years, he would need to have done so under your ownership for at least 15 years to claim adverse possession. Additionally, he must have paid taxes on the land for at least five consecutive years during the time he claims to have occupied it adversely. However, these rules do not apply to boundary disputes established by 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.