Adverse Possession: is the process by which possession and use of property can mature into title. Several requirements must be met to establish title by adverse possession. The specific requirements vary from one state to another. In Minnesota adverse possession must be actual, open and notorious, hostile, continuous, exclusive, for 15 years or more, under claim or right or color of title.

Actual, open and notorious. Possession of the property by the adverse possessor is required to be actual, open and notorious. This means that there must be actual possession of the property in a way that would put a reasonable owner on notice that his or her title was being threatened.

Hostile. Possession of the property must also be hostile. This doesn't mean there must be personal animosity between the two parties. It simply means that the possession must be of such a nature that a reasonable owner would normally object to this use of the property by someone else. It must be without permission.

Continuous. The requirement that adverse possession be continuous does not mean that the adverse possessor cannot ever leave the property. The adverse possessor's use must be continuous as a true owner would make of this type of property, without any significant interruptions.

Exclusive. To be adverse, possession of another's property must be exclusive. In other words the adverse possessor may not share possession with the true owner.

Time Requirement. An adverse possessor must also fulfill the statutory time requirement for a valid claim of adverse possession.

Claim of right. The requirement of claim of right or color of title means that the adverse possessor must have a good faith, but mistaken, belief that he or she is the owner of the land.

Taxes. The final requirement for adverse possession concerns payment of property taxes. Minnesota law requires that the adverse possessor pay taxes on the property for five consecutive years, except in the case of boundary disputes.

If you believe you may have an adverse claim, either for or against, real property please contact us and we can assist you in your legal matter. We have experience and knowledge in this area of law. In addition, depending on your specific case facts there may be some other options on how to reach a resolution prior to initiating court action. We will focus our efforts to help you move forward and reach you goals.

** The above information is meant to be informative only. Please consult with an attorney for legal advice.