Minnesota adverse possession law: I read from another lawyer's posting on this topic that under Minnesota law, an adverse possession claim may not be brought if the title was "properly registered." Is this true? If so, does it mean that you cannot take adverse possession of any property if the recorder's office shows an existing title, properly registered? That would seem make it impossible to take adverse possession of basically any residential property. Also, does Minnesota follow the rule that applies in certain states, where the adverse possessor must have had some color of title (deed, will, etc.) and so must have (incorrectly) believed the property was his?
Optional Information: Country relating to Question: United StatesState (if USA): MinnesotaWhat have you tried so far?: Web search for the information
Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.Also, it is VERY important that you rate my service once we have thoroughly addressed your question.Registered land is a particular kind of status more commonly found in the urban areas of the state. It is not the same as filing a deed in the registers office. It is acquired pursuant to an Order of Registration issued by the District Court, and is commonly called "Torrens Land."So, land can be obtained by Adverse Possession in Minnesota, just not on registered land. If the land is registered it will be so indicated with the deed at the deed registration office. The definition of what is "registered land" can be found herehttp://law.justia.com/codes/minnesota/2005/500/508-s02.htmlIn order to obtain land by adverse possession in Minnesota, it must be shows there was an "actual, open, hostile, continuous, and exclusive possession" of the land for 15 years. "Open and hostile" simply means that the possession of the land in controversy must be obviously apparent to the actual title holder, and the title holder did not give permission to possess that land by providing a lease or something similar in function. Please click 'Reply To Expert' unless you consider this dialog complete and you are 100% satisfied with my service (not the website or the situation). Our ratings are very important to us so I ask that when we are done, before you leave be sure to rate my service.Thanks.Nate
The property is in Ramsey County, in a suburb. I live nearby and know that my home is not Torrens, but this property is much older (1906) and I don't know if that makes it more likely to be Torrens. Does it, or does the form of deed registration go by county or city (Roseville) rather than by age?Also, there was a second part to the question. Does Minnesota require that the adverse possessor have some alleged claim to the property, such as a faulty deed? Something that would lead the adverse possessor to believe s/he had a right to be on the land? Or can a stranger claim adverse possession?Just so you know, there is no current claim against the land nor is anyone occupying it right now. I'm not trying to avoid hiring a lawyer. I'm wondering about the status of an abandoned property near my home.
Thank you for the additional information. It adds context, which helps.One doesn't have to have a reason for a claim, but you do have to occupy it in some way for the duration of the 15 years. For instance, if you've had a shed on it for 15 years and used it, that could be sufficient.You'd need to check with the court clerk and the deed recording department of the county. You can tell if it's registered that way. There's really no way to tell based on the age. Let me know if you have any follow up questions. I'm here to help. Nate
Experience: Over 8 years of legal practice.
I have to ask one more ridiculous question. It's my first time using JustAnswers. I was able to click "Accept" and to add a financial bonus, but I do not see how to leave feedback. I would like to leave very good feedback for your help. Can you tell me how to do so?
Your question is not ridiculous. You shouldn't be seeing Accept any longer. That must be a bug in the system. I appreciate the opportunity to assist you. There's no need to worry about the feedback.Nate