Imagine owning a piece of land for years, only to find out that someone else has a legal right to part of it because they used it openly and without your objection. That is the reality behind an adverse possession claim. For property owners, buyers, and investors across North Dakota, Minnesota, and Wisconsin, understanding this legal doctrine is an important part of protecting what you own. At Secure Title Company, we help clients identify and resolve ownership issues before they turn into costly disputes.
Understanding Adverse Possession
The Basic Definition
Adverse possession is a legal doctrine that allows a person who occupies land they do not own to eventually claim legal title to it. The idea behind the rule is that land should be put to productive use, and that owners who ignore their property for a long period may lose their rights to someone who actively uses it.
An adverse possession claim is the formal legal action a person files to ask a court to recognize them as the rightful owner of property they have occupied without the owner’s permission. If the court agrees, ownership transfers to the occupant, even though no sale, deed, or payment ever took place.
Why the Law Allows It
Courts have long recognized adverse possession for several reasons. It encourages owners to monitor and maintain their property, resolves long-standing boundary uncertainty, and gives stability to land that has been occupied and improved for decades. While it can feel unfair to the original owner, the law treats a lack of action over many years as a form of acceptance.
Legal Requirements for an Adverse Possession Claim
Each state sets its own rules, but most require the claimant to prove several elements. Missing even one usually defeats the claim.
- Actual possession: The claimant physically uses the land, such as by fencing, farming, building, or maintaining it.
- Open and notorious use: The use is visible enough that a reasonably attentive owner would notice it.
- Exclusive use: The claimant uses the land as their own and does not share it with the true owner or the public.
- Hostile or adverse use: The claimant occupies the land without the owner’s permission.
- Continuous use: The occupation continues without significant interruption for the full statutory period.
Time Periods and State Differences
The length of time required varies by state. North Dakota, Minnesota, and Wisconsin each have their own statutory periods and additional conditions, such as paying property taxes on the disputed land. Because these requirements change by jurisdiction, it is wise to consult a local real estate attorney whenever a claim is suspected.
| Element | What It Means | Example |
|---|---|---|
| Actual possession | Physical use of the land | Building a shed on the disputed strip |
| Open and notorious | Visible to the owner | A fence along the claimed boundary |
| Exclusive | Used only by the claimant | Neighbor alone maintains the area |
| Hostile | No permission granted | Use without a lease or agreement |
| Continuous | Uninterrupted for the required years | Years of regular use without a break |
Can an Adverse Possession Claim Affect Your Title?
Yes, it can. A successful claim changes who holds legal ownership of all or part of a property. Even an unresolved or pending claim can cloud your title, which makes the property difficult to sell, refinance, or insure.
How a Claim Clouds Your Title
When someone asserts rights to your land, a lender or buyer will see the uncertainty during the title search. Until the dispute is resolved, the property may carry a defect that delays or blocks a closing. This is similar to other title problems such as unreleased liens, easements, and recording errors.
Impact on Buyers and Sellers
Sellers may discover during a transaction that a neighbor has been using part of their lot for years, which can reduce the usable acreage or lower the property’s value. Buyers may inherit a dispute they never knew existed. In either situation, a thorough title search and clear communication can prevent surprises at the closing table. If a defect appears late in the process, our article on what happens if a title defect is found after closing explains your options.
Common Situations That Lead to Adverse Possession Disputes
Most disputes do not begin with bad intentions. They often grow out of everyday circumstances that go unnoticed for years.
- A fence built slightly over the true property line
- A driveway or garage that partly crosses onto a neighboring lot
- Landscaping, gardens, or outbuildings placed on someone else’s land
- Rural or farmland where boundaries are unclear or rarely surveyed
- Vacant or inherited property that no one visits or monitors
- Properties with multiple owners, where responsibility for oversight is unclear
Boundary confusion is especially common in rural parts of the Upper Midwest, where large parcels and older surveys leave room for error. Related issues such as easements can also create overlap with adverse possession questions, since both involve another party’s use of your land.
How Title Insurance Helps
Standard title insurance covers risks that exist in the public record and are discovered during the search. Rights that arise from a person’s actual use of the land, such as unrecorded claims by someone in possession, may be excluded from standard coverage unless a survey and proper inspection address them.
That is why it is important to review your commitment and policy carefully, ask about survey-related coverage, and work with a company that explains what is and is not protected.
How to Protect Yourself From an Adverse Possession Claim
Prevention is far easier and less expensive than litigation. Consider these steps:
- Order a current boundary survey before buying or selling
- Walk your property regularly and look for unauthorized use or structures
- Give written permission if a neighbor uses part of your land, since permission defeats the hostile element
- Address encroachments promptly and in writing
- Keep tax records, deeds, and maps organized and accessible
- Record agreements, such as boundary line agreements or easements, with the county
- Work with a professional title company during every transaction
What to Do If Someone Makes a Claim
If a neighbor or other party asserts rights to your land, do not ignore it. Gather your deed, survey, and tax records, document the disputed area with dated photographs, and speak with a real estate attorney. Early action can stop the clock, resolve the issue through a written agreement, or prepare you for court if needed.
Resolving Title Issues Before Closing
A careful title search and due diligence can uncover signs of possession disputes before they derail a deal. Our team reviews public records, identifies defects, and coordinates the steps needed to reach a clean closing. For commercial transactions, see our article on what due diligence is done in a commercial title search, and for buyers working through a purchase, our residential closing guide explains what can slow a transaction.
| Stage | Action | Benefit |
|---|---|---|
| Before purchase | Title search and boundary survey | Reveals encroachments and claims early |
| During closing | Review commitment and exceptions | Clarifies what insurance covers |
| After closing | Monitor and document property use | Helps prevent future claims |
Local Title Support in North Dakota, Minnesota, and Wisconsin
Property laws and recording practices vary from one county to the next. Secure Title Company serves buyers, sellers, lenders, and investors throughout the region, including North Dakota, Minnesota, and Wisconsin. Whether you are closing on a home in Cass County, a lake property near Detroit Lakes, or farmland in the Red River Valley, local knowledge helps ensure that no hidden ownership issue is overlooked.
Frequently Asked Questions
1. What is an adverse possession claim?
It is a legal action in which someone who has occupied land without the owner’s permission asks a court to grant them ownership based on long-term, open use.
2. How long does someone have to occupy land to make a claim?
The required period depends on state law. Each jurisdiction sets its own timeframe and may add conditions, such as paying property taxes on the land.
3. Can adverse possession happen to residential property?
Yes. It most often involves boundary strips, fences, driveways, or unused portions of a lot, but it can affect any type of real estate.
4. Does title insurance cover adverse possession?
Standard policies typically exclude claims based on unrecorded possession unless a survey or extended coverage addresses them. Review your policy and ask your title professional about available options.
5. How can I stop an adverse possession claim?
Granting written permission, removing encroachments, taking legal action early, and keeping clear records can all interrupt or defeat a claim. A real estate attorney can guide you based on your situation.
6. Can a pending claim stop a home sale?
It can. Because it clouds the title, lenders and buyers may refuse to move forward until the dispute is resolved or properly addressed.
Protect Your Property With Secure Title Company
An adverse possession claim can change who owns your land, and it can affect your title long before a court issues a ruling. With careful research, clear records, and the right title professionals on your side, you can avoid surprises and close with confidence. The team at Secure Title Company is ready to review your property, explain your risks, and guide you toward a smooth, protected closing.
Contact Us
Secure Title Company
Phone: (701) 660-5887
Email: info@securetitlecompany.com
Contact us today to speak with a title professional about your property.