Minnesota Senate Bill SF3311

Minnesota 2023-2024 Regular Session

• Introduced: 4/28/23
• Refer: 4/28/23

Caption

Affidavit of interruption use authorization to interrupt adverse possession of real estate

Impact

The introduction of SF3311 has the potential to significantly impact Minnesota's property law landscape. By authorizing the use of an affidavit of interruption, the bill provides a formal tool for landowners to defend their property rights. This new measure aims to prevent adverse claims from being unchallenged, thus offering a layer of security to property owners against potential encroachment or squatting. Moreover, it sets forth specific procedures for providing notice to neighbors and parties involved, ensuring that the affected individuals are informed of any affidavit filed against their claimed possession.

Summary

SF3311 is a legislative bill aimed at addressing the issue of adverse possession in Minnesota real estate law. The bill proposes the introduction of a legal mechanism known as an 'affidavit of interruption,' which allows property owners, or record title holders, to formally interrupt an adverse possession claim against their property. Under this proposed law, if a record title holder believes that someone is adversely possessing their property, they can record an affidavit with the county, effectively stopping the adverse possession period and restarting it post-recordation of the affidavit. This process is intended to provide clarity and protection for property rights among landowners.

Contention

Notably, the bill addresses procedural aspects that could lead to disputes among neighboring property owners regarding claims of adverse possession. While supporters argue that the bill strengthens property rights and clarifies the legal standing of landowners, critics may raise concerns about the potential for increased procedural burdens or unfair advantages for more affluent property holders who can afford surveys and legal processes associated with recording affidavits. The discussion surrounding this legislation may revolve around balancing the rights of property owners with the need to respect adverse possession claims that might be upheld under previous laws.