HF 767

as introduced - 91st Legislature (2019 - 2020) Posted on 02/07/2019 02:07pm

A bill for an act
relating to real estate; modifying adverse possession requirements; amending
Minnesota Statutes 2018, section 541.02.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 541.02, is amended to read:

541.02 RECOVERY OF REAL ESTATE, 15 YEARS.

new text begin (a) new text end No action for the recovery of real estate or the possession thereof shall be maintained
unless it appears that the plaintiff, the plaintiff's ancestor, predecessor, or grantor was seized
or possessed of the premises in question within 15 years before the beginning of the action.

new text begin (b) new text end Such limitations shall not be a bar to an action for the recovery of real estate assessed
as tracts or parcels separate from other real estate, unless it appears that the party claiming
title by adverse possession or the party's ancestor, predecessor, or grantor, or all of them
together, shall have paid taxes on the real estate in question at least five consecutive years
of the time during which the party claims these lands to have been occupied adversely.

new text begin (c) new text end The provisions of the preceding paragraph shall not apply to actions relating to the
boundary line of lands, which boundary lines are established by adverse possession, or to
actions concerning lands included between the government or platted line and the line
established by such adverse possession, or to lands not assessed for taxation.

new text begin (d) The party claiming title by adverse possession must have a reasonable basis of belief
that they owned the real estate in question for the period of time provided under paragraph
(a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to cases in
dispute on or after that date.
new text end