New survey, old buildings.

What is the name of your state? Minnesota

My neighbor recently their 100+ year old farmstead surveyed to provide a parcel for a family member. In doing so discovered that my house, driveway, and garage were on their property. After hiring my own survey , though I maintained most of this property, we came up with a amicable plan for me to purchase enough land to make that side of my property "mine".

My survey uncovered that my opposite neighbor's garage and driveway are on my property (they are the 2nd owners of this and bought moved in 6mos ago). Both my neighbor's and my parcels were deeded in the early 70s, six months apart, from a larger piece of property unrelated to the 100+ year old farm.

I proposed to the neighbor on my land a sale of the land his driveway and structures occupy for the same price per square foot as I was charged on the other side. He says he will not pay as he has the right of Adverse Possession.

Everything I have read on adverse possession says the use must be actual, open, notorious,exclusive, hostile, under cover of claim or right, and continuous for the statutory period. I realize the previous owner's use of this land counts toward the statutory time.

My questions are:
Since neither of us were aware of the property line issues until recently, could this be considered "hostile", and if so would it need to also be hostile for the statutory period?

Is the process for aquiring quiet title (for my neighbor) an expensive process (the amount were asking for the property is approx 10-20% market value(under $1,500))?

Any help is appreciated!!

In my understanding, for him to actually get good title to that land using Adverse Possesion is quite a costly and time consuming process. If you granted him permission to use that land as he is using it, it is no longer considered "hostile". See the following article for more on adverse possession: http://www.lectlaw.com/files/lat06.htm

Also, out of curiosity, where's the survey/plat of subdivision that established your and your neighboor's lots/tracts from the larger tract?

rsimplicio said:

Also, out of curiosity, where's the survey/plat of subdivision that established your and your neighboor's lots/tracts from the larger tract?

Click to expand...

Thanks for the input!
The plat is all that there is and it is quite rudimentary. There is no proper survey of this area prior to the one I just had done. The homes were placed based on measurements from other "known" property lines that were wrong also.

In your opinion, would offering the property that is maintained by the neighbor (and only that property) to the neighbor free of charge mitigate any claim he would have for adverse possession?