Squatter’s Rights in Minnesota
While squatters occupying an uninhabited or deserted property might be viewed as mere criminal intruders, the law provides them with certain protections under Minnesota squatters’ rights. This is particularly true if they have inhabited the property for an extended period and have taken measures to maintain it as their own.
To safeguard their properties and prevent potentially expensive mistakes, landlords and property owners in Minnesota must familiarize themselves with the state’s squatting regulations. This comprehensive guide outlines the squatters’ rights and adverse possession laws in Minnesota.
Squatter’s Rights in Minnesota
- In Minnesota, squatting on someone else’s property is not initially considered a crime until the property owner formally notifies the squatter that their presence is unwelcome.
- Squatters who meet specific legal requirements for a period of 15 years in Minnesota may be able to claim ownership of the property through adverse possession.
- Minnesota law does not require squatters to have color of title to claim adverse possession.
- Property owners and landlords are not legally permitted to remove squatters by force.
- If served with an eviction notice, squatters have the legal right to contest the eviction in court.
Adverse Possession in Minnesota
Under certain circumstances, Minnesota law allows individuals who occupy someone else’s property without permission to eventually gain legal ownership of that property through a process known as adverse possession. This doctrine, which is part of the broader concept of squatters’ rights, has specific requirements that must be met for an adverse possession claim to be successful in the state.
Can a Trespasser Legally Claim Rights to My Land?
For landowners, the idea that a stranger could gain legal rights to their property without paying for it may seem unjust. However, in some cases, squatters can acquire ownership through a process called adverse possession. While it’s not a quick or easy path, it is possible for a trespasser to eventually obtain legal title to someone else’s real estate.
Requirements for Adverse Possession Claims
In order for an individual to successfully claim ownership of a property through adverse possession, they must demonstrate that their use and occupancy of the land has satisfied a specific set of legal criteria:
- Use Without Owner’s Consent
- Physical Presence on the Property
- Sole Possession and Use
- Obvious and Visible Use
- Uninterrupted Use for Statutory Period
Adverse Possession or Adverse Claim
‘Adverse’ in this context does not imply antagonistic or aggressive behavior – it simply means the adverse possessor must occupy the property without the owner’s consent.
There are three categories of adverse claims recognized in Minnesota:
- Mere occupancy (the adverse possessor is present on the property, regardless of whether they know it belongs to someone else)
- Knowledge of wrongful possession (the adverse possessor is aware that they are occupying the property without legal right)
- Honest mistake (the adverse possessor sincerely believed they had a legal right to occupy the property)
Minnesota acknowledges all three interpretations, but the majority of cases fall under mere occupancy claims. Proving an honest mistake is challenging unless the adverse possessor is an adjacent property owner with a color of title they genuinely believed granted them ownership of the disputed land. However, even in such cases, the statutory period for adverse possession remains unchanged.
Physical Control and Occupation of the Real Estate
In addition to being physically present on the property, the adverse possessor must act as a true owner would in relation to the land. This entails taking care of the property, preserving its condition and visual appeal, and satisfying property tax obligations (additional information regarding taxes is provided below).
Sole Occupancy Rights to the Premises
A premises may not be occupied by multiple adverse possessors simultaneously. An individual seeking to establish a valid claim must demonstrate that they alone inhabit the property. In cases involving a collective, the group is required to provide evidence substantiating their unified status.
Visible and Well-Known Possession
Visible and well-known possession requires squatters to make their presence on the property clearly evident. They must not conceal the fact that they are occupying the premises, ensuring that both neighbors and property owners have ample opportunity to become fully aware of their existence on the property.
Uninterrupted Occupation of the Property
Under Minnesota law, adverse possessors are required to continuously occupy a property for a minimum of 15 years before they can legally claim ownership through adverse possession. This time period cannot be reduced under any circumstances.
Property Tax Obligations for Squatters in Minnesota
In the state of Minnesota, individuals who squat on a property are required to pay property taxes for a minimum of five years in a row. The specific regulations regarding squatting and property tax payments vary across different states, with some mandating full payment throughout the entire squatting period, while others do not require any payment at all.
Minnesota takes a moderate approach to this issue. If a squatter has paid property taxes consistently for five years at any point during their 15-year occupancy of the property, they become eligible to seek adverse possession under the laws of Minnesota.
Minnesota Adverse Possession Claims Do Not Require Color of Title
Certain states have laws mandating that adverse possession claims include color of title. However, Minnesota does not have this requirement. Color of title refers to documents that appear to be legal titles but are not actually valid.
In Minnesota, squatters are not obligated to possess color of title in order to make an adverse possession claim, making the process somewhat simpler. However, squatters must still satisfy all other necessary criteria for their claim to be successful.
Evicting Unwanted Occupants
Fortunately, removing unauthorized tenants in Minnesota is a straightforward process. Follow these steps to successfully evict squatters from your property.
The Eviction Process
In Minnesota, the eviction process for squatters follows the same procedure as for any other tenant. The only difference is that you can skip the eviction notice step for someone who never had a lease agreement and proceed directly to filing the lawsuit.
After filing an eviction lawsuit, the court will provide a notice period. Once the notice expires, you can request the sheriff’s intervention to remove the squatters if they haven’t left voluntarily.
For an at-will holdover tenant (someone whose lease has expired and stopped paying rent), you must first provide a 14-day notice before proceeding with the lawsuit and legal eviction.
Although Minnesota squatters’ rights allow them to dispute the eviction, it seldom changes the outcome. In most cases, they have no legal right to occupy the property, and the dispute only serves to prolong their stay.
Handling Squatters’ Abandoned Property
Minnesota law dictates a specific process for dealing with any personal items left behind by squatters on your property:
- The landlord must securely store the belongings for a period of 28 days and make reasonable efforts to contact the owners.
- Once the 28-day period has elapsed, the landlord has the option to either sell or dispose of the property.
- If opting to dispose of the items, no notification to the owner is required.
- However, if the landlord intends to sell the property, they must provide a 14-day notice to the owner.
- The landlord can seek reimbursement for any storage costs incurred by filing a lawsuit against the squatters in court.
Minnesota Legal Disability Clause
In Minnesota, if a property owner has a legal disability, an adverse possession claim against their land may be postponed for an additional five years. This legal provision aims to provide extra time for those who require it due to their disability. However, there is an exception to this rule if the property owner is an infant.
Furthermore, if a property owner is temporarily disabled, mentally incompetent, or under 18 years of age, they are granted one more year to address the adverse possession claim once their disability is resolved, they are deemed mentally competent, or they reach the age of majority.
Safeguarding Your Real Estate
As the old adage goes, an ounce of prevention is worth a pound of cure. This certainly holds true when it comes to protecting your property from unauthorized occupants. As a property owner or landlord, there are several proactive measures you can implement to minimize the risk of squatters taking up residence in your building.
Conduct Frequent Property Inspections
To prevent squatters from establishing adverse possession claims, it’s crucial to identify their presence promptly. Conducting regular property inspections not only increases the likelihood of detecting squatters early on but also serves as a deterrent, discouraging individuals from attempting to occupy the premises in the first place.
During these inspections, prioritize maintaining the property’s appearance. A well-kept building that visibly demonstrates active management is less attractive to squatters seeking to claim adverse possession.
Request Local Residents to Monitor for Suspicious Activity
When you’re unable to personally supervise your unoccupied real estate, enlist a neighbor to keep an eye on things for you. Someone living close by can notice any questionable occurrences and alert you promptly, allowing you to take appropriate action.
Install No Trespassing Signage
Posting no trespassing signs can be a surprisingly effective deterrent. For owners of vacant properties, conspicuously displaying that squatters are prohibited sends a strong message that you are vigilant and will swiftly evict any unauthorized occupants.
Secure Your Property
Invest in robust, tamper-resistant locks for all entry points to your property, including doors and windows. Squatters often seek out buildings that are simple to breach. If gaining access proves challenging and time-consuming, potential intruders may be deterred and move on.
For added peace of mind and an extra layer of protection, consider installing security cameras and alarm systems to further safeguard your property against unauthorized entry.
Stay Current on Property Taxes
In Minnesota, consistently paying property taxes is a key requirement for maintaining legal ownership of your land. By paying your taxes on time, you prevent others from potentially claiming adverse possession of your property. Staying current with your tax obligations ensures squatters cannot attempt to establish legal ownership rights.
The Final Word
Squatting in Minnesota is no walk in the park. While squatters do have certain rights, the path to legal ownership is fraught with numerous hurdles and requirements. For property owners, adverse possession claims can be a real headache. However, by keeping a watchful eye on vacant properties and taking proactive measures to deter squatters, most issues can be avoided.
Minnesota landlords have access to a variety of useful forms and documents that can help streamline property management and foster positive relationships with tenants.
Frequently Asked Questions
Common questions and answers regarding adverse possession laws in the state of Minnesota.
What is the difference between a holdover tenant and a squatter in Minnesota?
While often confused, holdover tenants and squatters are not the same under Minnesota law. A squatter typically occupies a property without ever having a lease agreement, making the eviction process simpler. In contrast, holdover tenants previously had a valid lease but chose to remain in the property after its expiration, sometimes with the landlord’s consent on a week-to-week basis.
If holdover tenants stay past their lease term without permission or fail to pay rent, they are considered trespassers, and the landlord can serve them with an eviction notice. Unlike squatters, holdover tenants cannot claim adverse possession rights. Landlords must also adhere to security deposit laws when dealing with tenants who overstay their lease.
Under what circumstances can local police assist in evicting squatters from a property?
Local police officers do not have the authority to evict squatters. Only the county sheriff, once an eviction order has been issued by the court, is legally permitted to remove squatters from the premises.
Is it legal for property owners to disable utilities when illegal occupants are present?
Property owners are prohibited from taking actions that could be interpreted as efforts to remove squatters or trespassers by force. This includes shutting off utilities like water and power, as well as changing locks. Owners must adhere to proper legal procedures to evict unauthorized occupants, or they could face legal consequences themselves.
Can a person claim adverse possession in Minnesota without paying property taxes?
In Minnesota, a squatter cannot claim adverse possession unless they have paid property taxes for a minimum of five consecutive years. Unlike some other states, Minnesota law mandates the payment of property taxes as a prerequisite for an adverse possession claim.