559.01 ACTION TO DETERMINE ADVERSE CLAIMS. Any person in possession of real property personally or through the person’s tenant, or any other person having or claiming title to vacant or unoccupied real property, may bring an action against another who claims an estate or interest therein, or a lien thereon, adverse to the person bringing […]
559.013 STATE AS DEFENDANT. Subdivision 1. Service, notice to AG. The state may be made a party defendant to an action brought under Minnesota Statutes 1949, section 559.01. In such cases where the state is made a party the summons and complaint shall be served upon the attorney general, who shall represent the state in […]
559.02 UNKNOWN DEFENDANTS. In any action brought under section 559.01, the plaintiff may insert in the title thereof, in addition to the names of such persons as are known or appear of record to have some right, title, estate, interest, or lien in or on the real property in controversy, the following: “Also all other […]
559.03 DISCLAIMER; DEFAULT; COSTS. If the defendant, in the answer, disclaims any interest in the property, or suffers judgment to be taken against the defendant without answer, the plaintiff cannot recover costs; but if the summons has been served upon the defendant personally, and it is made to appear that after the accrual of the […]
559.04 CLAIMANTS UNDER COMMON GRANTOR; JOINDER. When lots or tracts of real estate are claimed in severalty by two or more persons from or under conveyance from the same grantor, as the common source of title, and an adverse claim of title thereto is made by some person as against the title of such grantor, […]
559.05 ACTION AGAINST COTENANT; DENIAL OF RIGHT. In an action by a tenant in common or joint tenant of real property against a cotenant, the plaintiff shall show, in addition to the evidence of the plaintiff’s right, that the defendant either denied the plaintiff’s right, or did some act amounting to such denial. History: (9560) […]
559.06 TERMINATION OF PLAINTIFF’S RIGHT PENDING ACTION. In an action for the recovery of real property, when the plaintiff shows a right to recover at the time the action was commenced, but it appears that such right has terminated during the pendency of the action, the verdict and judgment shall be according to the fact, […]
559.07 EJECTMENT; TRIAL, HOW CONDUCTED; NO SECOND TRIAL. The trial of all actions of ejectment or of any other action in the courts of this state involving the possession of real estate shall be conducted as are other civil actions, and the right to a second trial of such actions is hereby abolished. History: (9562) […]
559.08 EJECTMENT; DAMAGES; IMPROVEMENTS. Damages for withholding the property recovered shall not exceed the fair value of the use of the property, exclusive of the use of improvements made by the defendant, for a period not exceeding six years; and, when permanent improvements have been made by a defendant, or those under whom the defendant […]
559.09 REMOVAL OF BUILDING ERECTED IN GOOD FAITH. When any person, in good faith and under color of title, and with good reason to believe that the legal title to land is vested in the person, has erected any building or other structure thereon, when the legal and equitable title thereto was vested in another, […]
559.10 OCCUPYING CLAIMANT; COMPENSATION FOR IMPROVEMENTS. When any person, under color of title in fee and in good faith, has peaceably taken possession of land for which that person has given a valuable consideration, or when any person has taken possession of land under the official deed of any person or officer empowered by law […]
559.11 PLEADINGS; TRIAL; VERDICT. In an action to try the title to land, brought by any person claiming title thereto against the occupant, the occupant may, in addition to other defenses, allege the amount and value of all improvements made, and the amount of all taxes and assessments paid, by the occupant or those under […]
559.12 COMPENSATION BEFORE EXECUTION. If the claimant succeed in the action, execution for possession shall not issue, except as herein provided, unless, within one year from entry of judgment on the verdict or findings, the claimant pay into court for the occupant the amount so found as the value of the improvements, and also the […]
559.13 OCCUPANT TO PAY VALUE OF LAND, WHEN. Unless the occupant claims under an official deed given either to the occupant or those under whom the occupant claims, as hereinbefore provided, or under an entry in the land office of the United States, or the official certificate, duplicate or receipt thereof, or unless the claimant […]
559.14 MAY REMOVE CROPS. In case of ejection, the occupant shall be entitled to enter upon the land, and gather and remove all crops sown thereon prior to entry of judgment. History: (9569) RL s 4438; 1986 c 444
559.15 OCCUPANT NOT IN ACTUAL POSSESSION; ACTIONS IN OTHER FORM. All the provisions of sections 559.10 to 559.14 shall apply to cases where the occupant is or is not in actual possession. In case an action is brought for damages for trespass upon such land, or for the rents and profits or use and occupation […]
559.16 ORDER FOR SURVEY. When an action for the recovery of real property is pending, upon motion of either party, and for cause shown, the court may make an order describing the property, and allowing such party to enter thereon and make survey thereof for the purpose of the action. A copy of the order […]
559.17 MORTGAGE NOT A CONVEYANCE; MORTGAGEE CANNOT POSSESS. Subdivision 1. Enforcement of rent assignment. A mortgage of real property is not to be deemed a conveyance, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure, except as permitted in subdivision 2. The enforcement of an […]
559.18 CONVEYANCE BY MORTGAGOR TO MORTGAGEE. No conveyance absolute in form between parties sustaining the relation of mortgagor and mortgagee, whereby the mortgagor or the mortgagor’s successor in interest conveys any right, title or interest in real property theretofore mortgaged, shall be presumed to have been given as further security, or as a new form […]
559.19 ACTION TO DECLARE MORTGAGE; LIMITATION. No action to declare any such conveyance a mortgage shall be maintained unless commenced within 15 years from the time of execution thereof. History: (9574) 1913 c 209 s 2
