MINNEAPOLIS ATTORNEY EXPLAINS WHAT ADVERSE POSSESSION MEANS IN REAL ESTATE LAW

Adverse possession, in relation to real estate law, is a legal concept that allows someone to gain ownership of a piece of property through continuous, open, and notorious use for a specified period of time. In Minnesota, the statute of limitations for adverse possession is 15 years for real property and 6 years for personal property.

To establish adverse possession in Minnesota, the following elements must be proven:

• Continuous use: The use of the property must be continuous and uninterrupted for the specified period of time.

• Open and notorious use: The use of the property must be open and visible, not hidden or secret.

• Hostile use: The use of the property must be hostile, meaning that it is in direct opposition to the rights of the rightful owner.

• Actual use: The use of the property must be actual, meaning that it is not just a paper claim but is being put to some sort of use.

• Exclusive use: The use of the property must be exclusive, meaning that the adverse possessor is the only person using it.

In Minnesota, adverse possession can only be established if the rightful owner has knowledge of the adverse use and fails to take action to stop it.

It's important to note that adverse possession is a complex legal concept, and it can be difficult to prove. It's always best to consult with an experienced real estate attorney to understand your rights and options before proceeding with a claim of adverse possession.

In conclusion, adverse possession is a legal concept that allows someone to gain ownership of a piece of property through continuous, open, and notorious use for a specified period of time. Understanding the elements of adverse possession and consulting with an attorney are key to successfully making a claim in Minnesota real estate law. Please contact Jon W. Morphew at Morphew Law Office if you have any questions about about adverse possession and real estate law.