Squatter Laws in Minnesota (2026): The 15-Year Rule Explained

Finding someone living in your property without permission is a nightmare. Seriously. But in Minnesota, squatter laws can make the situation way more complicated than you’d expect. Let’s break down exactly what you’re dealing with and how to protect yourself.

Hold on. Before you panic, know this. Minnesota has some of the strictest squatter requirements in the country. That’s actually good news for property owners.

What Is Squatting in Minnesota?

What Is Squatting in Minnesota?

A squatter is someone who moves into your property without permission. They don’t have a lease. They don’t pay rent. They just show up and stay.

Now, here’s where it gets tricky. Squatters are different from trespassers under Minnesota law. Trespassers commit a crime. Squatters are treated as a civil issue. This means police often can’t just kick them out.

You’re probably thinking that sounds totally unfair. Right? But Minnesota law does offer you protection. You just need to know how it works.

The 15-Year Rule (Yes, Really)

Okay, this is important. In Minnesota, a squatter must live on your property continuously for 15 years before they can even think about claiming ownership. That’s literally one of the longest waiting periods in the entire United States.

Compare that to California, where it’s only five years. Or Idaho at 20 years. Minnesota sits right in the middle, but 15 years is still a really long time.

Most squatters never make it close to this timeline. Honestly, if someone’s been on your property that long without you noticing, there might be bigger issues at play.

What Makes Someone a Legal Squatter?

What Makes Someone a Legal Squatter?

Wondering if someone can just move in and claim your house? Not exactly. Minnesota law requires squatters to meet super strict conditions for what’s called “adverse possession.”

Here’s what they must prove. And trust me, this is where most squatters fail.

Hostile Possession

Hold on, this doesn’t mean aggressive or violent. In legal terms, “hostile” just means the squatter is there without your permission. They’re occupying the space as if they own it, but they don’t.

There are actually three ways this can happen. First, simple occupation where they know it’s not theirs. Second, good faith mistake where they genuinely believe they own it. Third, awareness of trespassing where they occupy it knowing it’s wrong.

Minnesota recognizes all three types. Pretty straightforward.

Actual Possession

The squatter must physically live on the property. They need to treat it like an actual owner would. This means maintaining the lawn. Making repairs. Keeping it in decent shape.

Just walking across your land occasionally doesn’t count. They have to actually use and care for the space.

Open and Notorious

This one’s interesting. The squatter can’t hide their presence. They must make it obvious they’re living there.

Think about it like this. Your neighbors should be able to see someone’s living in that “empty” house. The occupation needs to be so obvious that you have every chance to notice and take action.

Exclusive Possession

The squatter must be the only one living there. They can’t share the property with you or other squatters. If there’s a group of people, they all need to prove they’re together as one unit.

Basically, they can’t have roommates they don’t know. Makes sense, right?

Continuous Possession

Here’s where things get serious. The squatter must stay on the property for the entire 15 years without leaving. No breaks. No vacations. No gaps.

Even a short absence can restart the entire clock back to zero. Yep, all 15 years start over. This is honestly the hardest requirement for squatters to meet.

The Property Tax Requirement

Wait, it gets better. In Minnesota, squatters must also pay property taxes. But here’s the twist. They only need to pay for five consecutive years within that 15-year period.

They don’t have to pay for all 15 years. Just five years in a row at some point during their stay. This applies specifically when the property is assessed as a separate taxable parcel.

Most squatters refuse to pay taxes. This is often where their claim falls apart completely. Paying taxes strengthens their case significantly, but it’s rare.

How Long Does Adverse Possession Take?

How Long Does Adverse Possession Take?

Let’s do the math together. A squatter needs to live on your property for 15 consecutive years. During that time, they must meet every single requirement we just talked about.

After 15 years, they still can’t just claim ownership. They have to file a lawsuit called a “quiet title action” in court. This legal process can take months or even years.

The court will examine their entire claim. Did they really live there continuously? Did they maintain the property? Did they pay taxes? Were they open about their presence?

If you contest the claim and show they missed even one requirement, their case fails. The 15-year clock resets to zero. They start over from scratch.

Sound complicated? It’s actually not. Minnesota intentionally made this difficult to prevent squatters from stealing property.

Squatters vs. Trespassers vs. Holdover Tenants

Okay, pause. Let’s clear up some confusion. Not everyone on your property without permission is a squatter.

Trespassers

Trespassers are criminals. If someone breaks into your vacant property, that’s trespassing. Police can arrest them immediately. It’s a criminal offense.

Some trespassers might try using fake documents to claim ownership. That’s fraud, which is also criminal. Law enforcement handles these situations differently than squatting.

Squatters

Squatters occupy abandoned or vacant properties. They’re treated as unauthorized tenants under civil law. This means you need to go through the court eviction process to remove them.

Holdover Tenants

These are former tenants who stay after their lease ends. They had legal permission at one point, but now they’re overstaying. They cannot claim squatters’ rights, but you still need formal eviction proceedings.

Confused about the difference? You’re not alone, this confuses a lot of people. The key is whether they ever had permission to be there.

Can Police Remove Squatters?

Here’s the frustrating reality. Police often won’t remove squatters immediately. Let me explain why.

Law enforcement sees squatting as a civil dispute, not a criminal issue. Unless the squatter is actively committing a crime, police typically can’t intervene.

Several factors prevent immediate police action. The squatter might claim they have permission to be there. Without clear proof otherwise, officers can’t remove them. Extended occupation also strengthens their claim to tenant rights.

This doesn’t mean you’re powerless. It just means you need to follow the legal eviction process through the courts.

What Property Owners Cannot Do

Listen carefully. Minnesota law is strict about what you can and cannot do to remove squatters.

You cannot change the locks. You cannot shut off utilities. You cannot remove their belongings. You cannot physically force them out.

These actions are called “self-help eviction” and they’re illegal. You could face serious legal consequences for trying them. Honestly, this is probably the most important rule to remember.

Instead, you must follow Minnesota’s formal eviction process. No shortcuts allowed.

How to Remove Squatters Legally

So what happens if you discover a squatter? Here’s your step-by-step action plan.

Step 1: Document Everything

Take photos and videos of the squatter and the property. Document any damage or changes they’ve made. Keep records of when you discovered them.

This evidence will be crucial in court. The more documentation you have, the better your case.

Step 2: Serve Notice

Provide written notice demanding they leave. While Minnesota doesn’t require a specific five-day waiting period like some states, giving notice shows you followed proper procedure.

Some squatters leave voluntarily at this stage. Many don’t. Either way, you’ve started the legal process.

Step 3: File an Eviction Lawsuit

File an unlawful detainer action in court. You’ll need to prove the squatter has no legal right to be there. Bring all your documentation.

The court will review your evidence and the squatter’s response if they contest the eviction.

Step 4: Obtain a Court Order

If the court rules in your favor, you’ll receive a Writ of Recovery of Premises. This legal document authorizes law enforcement to remove the squatter.

Only the sheriff’s office can physically remove the squatter and their belongings. You still cannot do it yourself.

Step 5: Handle Belongings Properly

After eviction, you must store any belongings the squatter left behind for at least 28 days. They can reclaim their items during this period.

After 28 days pass, you can legally dispose of the belongings. Not before.

How to Prevent Squatters

Prevention is way easier than removal. Trust me on this one. Here are practical steps to protect your property.

Secure Your Property

Keep all doors and windows locked. Install security cameras or motion-activated lights. Make it obvious someone’s watching.

Physical security is your first line of defense. It discourages squatters from even trying to move in.

Check Your Property Regularly

Visit vacant properties frequently. Even between tenants, stop by regularly. The more often you check, the faster you’ll catch unauthorized occupants.

Early detection is key. The longer a squatter stays, the more complicated removal becomes.

Post Clear Signage

Put up “No Trespassing” signs on your property. This establishes that unauthorized occupants are criminals, not squatters.

Clear signage helps law enforcement understand the situation immediately. It strengthens your legal position.

Act Immediately

If you discover someone unauthorized, start the eviction process right away. Don’t wait. Don’t negotiate. Don’t hope they’ll leave on their own.

Quick action prevents squatters from establishing any kind of claim to tenant rights. Delaying only makes your situation worse.

Special Circumstances and Exceptions

Minnesota law has a few quirks worth knowing about. These situations can affect how squatter cases play out.

Former Tenants Who Stay

If a former tenant refuses to leave after their lease ends, they’re not technically squatters. They’re holdover tenants. You still need formal eviction, but they cannot claim squatters’ rights.

Here’s something tricky though. If they keep paying rent and you keep accepting it, they might become “tenants at will.” This complicates the eviction process even more.

Neighbors with Disputed Boundaries

Sometimes neighbors genuinely believe they own part of your property due to unclear boundaries. They might maintain that area for years before anyone realizes the mistake.

These cases can involve “good faith” adverse possession claims. They’re rare but do happen. A survey and clear documentation prevent these issues.

Abandoned Properties

Properties left completely abandoned are prime targets for squatters. If you own vacant land or buildings, you’re at higher risk.

Regular maintenance and visible ownership deter squatters. Even occasional visits make a huge difference.

What Happens in Court?

Let’s talk about what actually goes down when squatters file for adverse possession in Minnesota.

The squatter must prove every single requirement. They have the burden of proof. You don’t have to prove they don’t deserve the property. They have to prove they do.

Courts examine the entire 15-year period. Were they really there the whole time? Did they pay taxes? Was their presence obvious? Did they maintain the property?

If you can show they failed any requirement, their claim fails. Period. Even one gap in occupation restarts the clock.

Successful adverse possession cases are actually pretty rare in Minnesota. The requirements are just too strict. Most squatters can’t meet them all.

Recent Trends and Changes

Housing laws keep shifting. In 2025, Minnesota landlords and property owners have been reporting increased squatter activity. This trend has nothing to do with changes in the law though.

The 15-year requirement hasn’t changed. The tax payment rule hasn’t changed. The basic requirements for adverse possession remain the same.

What has changed is awareness. More property owners now understand they need to act quickly when discovering unauthorized occupants. Prevention and early action are becoming standard practice.

When to Get Legal Help

Not sure what counts as a squatter versus a trespasser? Dealing with a complicated eviction? Facing an adverse possession claim in court?

These situations definitely require professional legal guidance. An experienced real estate attorney can protect your rights and ensure you follow proper procedures.

Minnesota eviction laws are complex. One mistake in the process can delay removal by months. Legal fees now are cheaper than losing your property later.

Don’t try to handle everything yourself if you’re uncertain. Get help.

Final Thoughts

Minnesota’s squatter laws might seem frustrating at first. But honestly, they’re designed to protect property owners more than squatters. The 15-year requirement is one of the longest in the country.

Stay vigilant about your properties. Act quickly when problems arise. Follow legal procedures exactly. These simple steps prevent most squatter issues before they start.

Remember, squatters need 15 continuous years plus meeting every strict requirement to even attempt claiming your property. That’s a really high bar. Most never come close.

Now you know the basics. Stay informed, stay proactive, and when in doubt, consult a lawyer. Your property is worth protecting properly.

Frequently Asked Questions

How long can a squatter stay on my property in Minnesota? A squatter can stay as long as you allow them. However, they need 15 continuous years before they can file an adverse possession claim. Act immediately when you discover squatters to prevent any legal complications.

Can squatters claim my house if they live there for a year? No. Minnesota requires 15 consecutive years of occupation before squatters can claim ownership. One year is nowhere near enough time for any legal claim.

Do I have to pay a lawyer to remove squatters? Not always, but it’s highly recommended. You can file eviction paperwork yourself, but one mistake can delay the process significantly. Legal help ensures proper procedures and faster results.

What’s the difference between a squatter and someone trespassing? Trespassing is a criminal offense where police can remove the person immediately. Squatting is a civil matter requiring court eviction proceedings. The key difference is how law enforcement and courts handle each situation.

Can I turn off utilities to force squatters out? Absolutely not. This is illegal self-help eviction in Minnesota. You must follow formal court procedures to remove squatters. Cutting utilities could result in legal consequences for you.

What if the squatter says they have permission to be there? This complicates police involvement since it becomes a “he said, she said” situation. You’ll need to prove through eviction court that they have no legal right to occupy your property.

How much does it cost to evict a squatter in Minnesota? Costs vary widely depending on whether you hire an attorney and whether the squatter contests the eviction. Expect anywhere from a few hundred dollars for filing fees to several thousand if you need legal representation.

Can multiple squatters claim a property together? Yes, but they must prove they occupied the property together as one unit for the full 15 years. Each person cannot make separate claims. Shared occupation strengthens a claim only if they’re coordinated.

References

  1. Minnesota Statutes 541.02 – Adverse Possession Time Requirements
  2. DoorLoop – Minnesota Squatter’s Rights & Adverse Possession Laws
  3. Innago – Minnesota Squatter’s Rights & Adverse Possession Laws 2025
  4. Hemlane – Minnesota Squatters’ Rights & Adverse Possession Laws
  5. Steadily – Minnesota Squatters’ Rights and Laws

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