Legal Question in Real Estate Law in Minnesota

Does adverse possession pertain to a boat dock under Minnesota law? If so, what are the criteria needed to claim adverse possession?

I had recently purchased a lake home - the previous home owner owned a 10,000K dock. He is now in jail since Jan 2012. The dock "floated" to a neighbors lake home and is claiming adverse possession of the boat dock stating that he has been in possession of the dock since July 2011. He states the dock was abandoned and no one has contacted him regarding the dock. Does he have legitimate argument?


Asked on 1/14/14, 10:32 pm

2 Answers from Attorneys
Morgan Kavanaugh Wilkerson & Hegna, PLLP

No. The concept of "adverse possession" pertains to real property, not personal property. As to real property, one can lose title to real property if numerous factors occur over a 15 year period. As to personal property, one cannot lose title to personal property unless there was intent to abandon. If the dock is rightfully yours, and your neighbor is refusing to give it back, then you would have to bring a claim in District Court for "replevin" - asking the court to order the return of the dock to you. If you would like to discuss your claim further, please feel free to contact me.

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Answered on 1/15/14, 6:56 am
Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

By definition, adverse possession refers to real property. Do seek legal counsel. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Real Estate Attorney, Minnesota Civil Law Attorney, http://dwyerlawfirm.net

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Answered on 1/15/14, 1:10 pm


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