Legal Question in Real Estate Law in Minnesota

Torrens property dispute
My property is Torrens. The adjoining land owner has owned one partial adjoining my north east corner for 7 years and has plowed up about 2400sq ft and pulled up no tresspassing signs. He has owned another partial adjoing my property for 3 1/2 years. He is trying to claim an acre of it by adverse possession. I know a good portion of the law but am confused on, if he leased the land prior to buying it does the 15 yr thing apply or do you have to ''own'' it for 15 yrs? I know this also doesn't apply to Torrens proerty but he and his lawyer think so.

Asked on 1/11/08, 9:43 am

1 Answer from Attorneys

Steven Vatndal Law Office of Steven J. Vatndal

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Re: Torrens property dispute

Adverse possession does not require one owner to own it for the entire time: owners can "tack" their time of ownership together as long as they satisfy the other requirements.

It is important to know how and when your property was registered (became Torrens). There is a judicial and a non-judicial way to register property, and this can have a significant effect on how adverse possession applies to you.

You need an experienced real estate lawyer to review the facts and contact the opposing lawyer to try to resolve this before it gets too far and the other owner has stuck so much money into the process that he feels he can't back out.

I'm certified as a real property law specialist by the Minnesota State Bar Association. You can e-mail further questions to me directly at

[email protected]

Answered on 1/11/08, 9:58 am

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