Adverse Possession Laws Minnesota
Squatters taking over an empty or deserted place might seem like just troublemaking intruders, but the law doesn’t see it that way in Minnesota. Believe it or not, Minnesota has rules that protect squatters, especially if they stick around for a while and act like they own the joint.
If you own property in Minnesota, it’s crucial to know the squatting laws to keep your place safe and avoid making any expensive mistakes. So, here’s a full guide to squatters’ rights and those tricky adverse possession laws in the Land of 10,000 Lakes.
What Are Squatters’ Rights in Minnesota?
In Minnesota, squatters are different from trespassers because trespassers are considered criminals, while squatters are seen as unauthorized tenants under the law. Since squatters are treated like tenants, they have similar rights to lawful tenants, which can be frustrating for homeowners trying to remove them.
Minnesota law requires you to give proper legal notice before evicting a squatter from your property. If you want to remove a squatter, it’s essential to act promptly before they try to claim your property as their own.
Adverse Possession Laws 
Adverse Possession Laws are crucial to understanding squatters’ rights in Minnesota. These laws were established in the United States through the Homestead Act of 1862. Essentially, after a specific period, a squatter can claim ownership of the property they’ve been living in without permission.
In Minnesota, squatters must occupy the property continuously for at least 15 years before they can file for ownership. This occupation period is longer than in California (5 years) but shorter than in Idaho (20 years).
Once they reach the 15-year mark and are no longer within the statutory period, squatters can file a possession claim with the courts. There are various requirements that squatters must meet to claim ownership of the property.
The Five Rules for Squatters Trying to Claim Property in Minnesota
- Being There Without Permission (Hostile Claim): It’s not about being mean or scary. Squatters just need to be on the property without the owner’s okay. There are three types:
- Simple Occupation: They’re there, whether or not they know it’s someone else’s land.
- Awareness of Trespassing: They know they’re not supposed to be there.
- Good Faith Mistake: They genuinely didn’t know they shouldn’t be there. But this is hard to prove unless they’re a neighbor who believed they owned it.
- Acting Like the Owner (Actual Possession): They must treat the place like it’s theirs. That means taking care of it, keeping it looking good, and even paying property taxes (more on that later).
- Having the Place to Yourself (Exclusive Possession): If there are multiple squatters, they need to prove they’re a team.
- No Secrets (Open and Notorious Occupation): They can’t hide the fact they’re there. It should be clear to everyone around that they’re living on the property.
- Sticking Around for 15 Years (Continuous Possession): Squatters need to stay put for 15 years straight before they can claim the property.
Oh, and they’ve got to chip in for property taxes too. In Minnesota, that means paying taxes for five consecutive years at some point during those 15 years. Other states have different rules, some needing all the taxes paid, and others not caring at all. Minnesota is kind of in the middle.
Does Minnesota Recognize Color of Title Claims?
A color of title claim is when someone gets ownership of property even if their proof of ownership is kind of messed up or invalid. Having this special type of document can make it easier to claim the property, even if you don’t have all the right paperwork.
For instance, let’s say you don’t have all the legal papers to prove you own a place, but you have some documents showing you thought you did. In many states, that might be enough to get the property, but not in Minnesota. In Minnesota, squatters have to show all the right documents to make their claim count. They don’t give you a break just because you thought you owned it in good faith.
How to Remove a Squatter from Your Minnesota Property:
- Contact Law Enforcement: When you discover a squatter in your property, immediately contact law enforcement to file an official report. This creates a record of the situation for future reference during the eviction process.
- Serve an Eviction Notice: After filing the required paperwork, your illegal tenants will receive an eviction notice. They have two choices: leave the property or pay the owed rent. Compliance with one of these options is ideal but not guaranteed.
- Provide Legal Notice: Similar to other states, you cannot evict a squatter in Minnesota without giving proper legal notice. You must submit a written eviction notice to the squatters. In some cases, the courts may classify the situation as a civil suit, necessitating the filing of an unlawful detainer notice.
- File an Unlawful Detainer Lawsuit: If squatters refuse to leave despite receiving an eviction notice, you may need to initiate an unlawful detainer lawsuit. This process takes longer but becomes necessary when the initial eviction notice doesn’t work. You will have to prove your legal ownership of the property in court.
- Hire a Lawyer and Gather Documents: To support your case, it’s advisable to hire a lawyer and collect all relevant documents proving your ownership of the property. Regardless of the chosen path, the courts will ultimately determine if you are the legal owner and can remove the squatters. Be prepared for this process to take some time.
Frequently Asked Questions
Can a Landlord Cut Off Amenities When Squatters Are Occupying the Property?
No, landlords cannot take actions like turning off water and electricity or changing the locks to force squatters out. Doing so is against the law. Instead, landlords must follow the proper legal procedures for eviction, or they might find themselves facing legal trouble in court.
When Can the Sheriff Step In to Remove Squatters?
The sheriff, not just any local law enforcement officer, can get involved in removing squatters. This happens after an eviction lawsuit has been approved, and you can then call upon the sheriff for assistance.
Can You Claim Adverse Possession in Minnesota Without Paying Property Taxes?
No, in Minnesota, you have to pay property taxes consistently for at least five years before you can try to claim adverse possession. Some other states might not have this requirement, but in Minnesota, it’s a must.
