SF 3399

as introduced - 91st Legislature (2019 - 2020) Posted on 02/20/2020 03:19pm

A bill for an act
relating to property; authorizing the use of an affidavit of interruption to interrupt
adverse possession of real estate; proposing coding for new law in Minnesota
Statutes, chapter 507.

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

Section 1.

new text begin [507.60] AFFIDAVIT OF INTERRUPTION OF ADVERSE POSSESSION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Affidavit of interruption" means an affidavit that satisfies the requirements under
subdivision 3.
new text end

new text begin (c) "County recorder" means the office of the county recorder for the county in which
the record title holder's parcel is located.
new text end

new text begin (d) "Neighbor" means a person who holds record title to real estate abutting the record
title holder's real estate.
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new text begin (e) "Survey" means a property survey that complies with chapter 505 and that contains
a certification by a professional land surveyor that the survey shows all visible encroachments
on the surveyed land.
new text end

new text begin Subd. 2. new text end

new text begin Interruption by affidavit. new text end

new text begin (a) A record title holder may interrupt adverse
possession of real estate under section 541.02 if the record holder:
new text end

new text begin (1) records with the county recorder an affidavit of interruption and a survey of the
record title holder's parcel certified within the preceding five years;
new text end

new text begin (2) provides notice of the recorded affidavit of interruption as described in subdivision
4; and
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new text begin (3) records proof that notice was provided under subdivision 4 with the county recorder.
new text end

new text begin (b) A notice of the recorded affidavit under this paragraph shall include a legal description
of the neighbor's abutting parcel and of the record title holder's parcel. If the record holder
provides notice under subdivision 4, paragraph (a), the record holder must record on the
neighbor's abutting parcel the following within 90 days of the date the neighbor received
the notice:
new text end

new text begin (1) notice of the recorded affidavit of interruption;
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new text begin (2) a copy of the recorded affidavit of interruption; and
new text end

new text begin (3) the survey.
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new text begin Subd. 3. new text end

new text begin Affidavit of interruption. new text end

new text begin A record title holder shall include in an affidavit to
interrupt adverse possession of property under section 541.02 the following:
new text end

new text begin (1) a legal description of the parcel of land that contains the real estate that is being
adversely possessed;
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new text begin (2) a statement that the person executing the affidavit is the record title holder of the
parcel;
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new text begin (3) a general description of the adverse possession that the record title holder intends to
interrupt by recording the affidavit;
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new text begin (4) a statement that the adverse possession of real estate is interrupted and that a new
period of adverse possession may begin the day after the affidavit is recorded; and
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new text begin (5) a statement that the record title holder will provide notice as required under
subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Notice. new text end

new text begin (a) If the record title holder knows, or has reason to believe, that the
person who is adversely possessing the record title holder's real estate is a neighbor, the
record title holder must provide notice to the neighbor by sending the following by certified
mail, return receipt requested, to the neighbor's address as listed on the tax roll:
new text end

new text begin (1) a copy of the recorded affidavit of interruption including the attached survey; and
new text end

new text begin (2) a notice of the record title holder's intent to, within 90 days of the date the notice is
received, record a notice of the affidavit of interruption on the neighbor's real estate that
abuts the record title holder's parcel.
new text end

new text begin (b) If the record title holder knows the identity of the person who is adversely possessing
the record title holder's real estate and the person is not a neighbor, the record title holder
must provide notice to the person by sending the person a copy of the recorded affidavit of
interruption including the attached survey by certified mail, return receipt requested, to the
person's last known address.
new text end

new text begin (c) If the person who is adversely possessing the record title holder's real estate is
unknown to the record title holder at the time the affidavit of interruption is recorded, the
record title holder must provide notice by publication in a qualified newspaper, as defined
in section 331A.01, subdivision 8, in the county in which the record title holder recorded
the affidavit of interruption. The published notice must include all of the following:
new text end

new text begin (1) a statement that the record title holder recorded an affidavit of interruption;
new text end

new text begin (2) the recording information for the recorded affidavit of interruption; and
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new text begin (3) the street or physical address for the parcel on which the affidavit of interruption
was recorded.
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new text begin (d) If certified mail sent by a record title holder under paragraph (a) or (b) is returned
to the record title holder as undeliverable, the record title holder shall provide notice by
publication under paragraph (c).
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new text begin (e) All notices must include a reference to this section.
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new text begin Subd. 5. new text end

new text begin Effect of record. new text end

new text begin An affidavit of interruption disrupts, discontinues, or interrupts
any period of adverse possession under section 541.02 as of the date on which the affidavit
of interruption is recorded on the record title holder's property. A new period of adverse
possession may begin after the date on which the affidavit of interruption is recorded on
the record title holder's parcel.
new text end

new text begin Subd. 6. new text end

new text begin Publication. new text end

new text begin The county recorder shall record affidavits of interruption, proofs
of notice under subdivision 4, paragraph (c), and notices of affidavits of interruption under
subdivision 4, paragraph (d), in the index maintained under section 386.03.
new text end

new text begin Subd. 7. new text end

new text begin Not exclusive. new text end

new text begin The procedure for interrupting adverse possession set forth in
this section is not exclusive.
new text end