Most people become property owners through purchase or inheritance. There is a third strategy for acquiring real property. People can sometimes make adverse possession claims. Adverse possession occurs when one party occupies property owned by someone else.
After maintaining that possession for multiple years, they may go to court and ask a judge to adjust the ownership records to make them the new owner. Do boundary disputes in Minnesota ever give rise to adverse possession claims?
State laws limit adverse possession
It takes a significant period of continual use of a property to be eligible for an adverse possession claim. Under current state statutes, adverse possession must last for at least 15 years for litigation to be an option. There are many opportunities for property owners to fight claims of adverse possession by taking timely action.
Those dealing with a boundary dispute with a neighbor have more protection than those worried about the misappropriation of an unimproved parcel. The adverse possession law in Minnesota specifically limits claims related to boundary disputes.
If one neighbor builds over the boundary line or starts cultivating a portion of the land that belongs to a neighbor, they typically do not have the option of seeking adverse possession later. That being said, while the courts may not grant a neighbor ownership under adverse possession rules, their use of the property can still have negative implications for the lawful owner.
Properly addressing a boundary issue with a neighbor can help protect the value of real property and an owner’s right to quiet enjoyment of their land. Those dealing with ongoing boundary disputes may need help addressing the issue or preparing for court.