Minnesota Complaint to Quiet Title by Person Claiming Adverse Possession - Squatters Rights

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US-00938BG
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Title to land can be acquired by holding it adversely to the true owner for a certain period of time. In such a case, the person in possession gains title by adverse possession. The person in possession automatically becomes the owner of the property even though the person had no lawful claim to the land. In order to acquire title in this manner, possession must be actual, visible, exclusive, and continuous for a certain period of time.


This form is a generic example of a complaint to quiet title by a person claiming adverse possession. This form may be referred to when preparing such a pleading for your particular state, although such a complaint must be tailored to the law of the state where the action is to be filed.

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FAQ

The party asserting adverse possession must show by clear and convincing evidence actual, open, exclusive, hostile, and continuous possession during the statutory period.

California has the shortest adverse possession time of just five years. Texas requires 30 years. Other states are in between. Ask a local real estate attorney for details in your state.

In order to claim title under Minnesota's adverse possession law ("Recovery of Real Estate"), you must be in possession of the property for 15 years and pay taxes for at least five consecutive years. The statute excludes certain boundary line disputes (see FindLaw's Property Boundaries section to learn more).

The Bottom Line The quiet title action is a legal remedy to resolve property disputes involving competing claims or challenges to its title. If a title is not clear, it is not "quiet". This can arise from liens, boundary disputes, easements, gaps in the chain of ownership, adverse possession, or estate sales.

Under Minnesota law, a person seeking to prove up a claim of Adverse Possession of another's property must show he or she had actual, open, hostile, continuous, and exclusive possession of the land in question for at least 15 years.

Identify and mark your property boundaries. Inspect your land regularly for signs of trespassers. You may want to use ?no trespassing? signs and block entrances with gates. Although many states will not find a ?no trespassing? sign sufficient to prevent an adverse possession claim, it's a good way to deter trespassers.

Adverse possession is one possible theory of ownership that might be asserted within a quiet title action. Adverse possession is one of the only ways to obtain ownership of property other than deed or inheritance.

The adverse possessor must either: Have a defective document which tries (but fails) to transfer title of the property to the possessor (?color of title?), or. The possessor must actually occupy the property with the intent to claim the title to the property (?claim of right?).

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Minnesota Complaint to Quiet Title by Person Claiming Adverse Possession - Squatters Rights