How do I regain land I just received that the neighbor is claiming adverse possession?

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: 04/07/2025
• State: Minnesota

Answer:

The following is a MN 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.

History: (9187) RL s 4073; 1913 c 239 s 1; 1986 c 444