Legal Question in Real Estate Law in Minnesota

Common Law Property Ownership

Is there such a law in MN that if you own farm/logging land and pay property taxes but you do not profit from the land and family members farm it at no cost ie rent free ect. Can the family members caretaking the land assume ownership if they have been working the land? and can they sell off portions of the land without the owner knowing? The family caretakers are in the process of forming a corporation and the land owners are not a part of the corporation.

Please advise,

Thank you.


Asked on 5/10/04, 10:08 pm

2 Answers from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Common Law Property Ownership

Anybody can form a corporation whether they own something or not. That would have nothing to do with it.

There is a principle called "adverse possession" which would allow for a transfer of ownership to someone in possession and using the land as if it were their own. In Minnesota the time period is fairly short - 15 years if I recall correctly.

The thing about adverse possession is, however, that this is not automatic. To use this to change title of land of record would require a court order. A judge decides if all the requirements are met. In law school the classes covering this subject took several days to cover all the various aspects of it.

Whatever it is you have going on there, it would be best if you went and consulted with a lawyer about it. There's more to it than could ever go into a Law Guru question and answer.

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Answered on 5/11/04, 11:09 am
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Common Law Property Ownership

There is no law in that regard.

It sounds as if you are referring to "adverse possession" which allows a party to claim an interest in land that they have occupied or used for fifteen years or more in an open and notorious fashion.

For inquiries, visit us online at http://www.minnesotalawyers.com

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Answered on 5/12/04, 5:36 pm


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