Types Of Adverse Possession In Minnesota Boundary Disputes 

06/30/2026 02:54 PM       Mark Goodman

One of the less frequently seen types of boundary disputes is caused by an adverse possession claim. In an adverse possession claim, one party argues that they actually have a right to claim a portion of a neighbor’s land as theirs for one reason or the other. In Minnesota, there are three different types of adverse possession claims: 

• Actual Adverse Possession 

• Open Adverse Possession 

• Hostile Adverse Possession 

In today’s blog, we explore each type of these adverse possession claims that could arise following a land survey during the course of a property sale. 

Let’s break down each type of adverse possession claim that can be made in Minnesota. It’s also worth noting that an adverse possession claim may meet more than one of the below definitions. 

Actual Adverse Possession - In an actual adverse possession claim, a person must be able to show that they have made physical and visible use of the property, and that they used the property in a way that indicated an intent to permanently own it. Temporary, occasional, or sporadic use of a property is not enough to stake this claim.  

Open Adverse Possession - With an open adverse possession claim, the owner making the claim has to show that they used the other person’s property such that their presence was sufficiently visible to put the actual owner on notice. Visible, in this sense, doesn’t necessarily mean that the neighbor caught them in real time using their land, but that the actions the individual took on their property were clear and visible. 

Hostile Adverse Possession - When you hear the word hostile, you probably imagine a bitter feud between neighbors, but that’s not the case here. Hostile simply means that access was taken without the property owner’s permission. A person can innocently or mistakenly believe they are acting in good faith and start what will become a hostile possession claim.  

For more information about adverse possession claims, or for assistance ordering a land survey to confirm boundaries during a property sale, connect with the team at Commercial Partners today at (612) 337-2470.