Sampair v. Village of Birchwood

OPINION

GILDEA, Chief Justice.

This appeal involves the application of Minn.Stat. § 541.023 (2008), also known as the Marketable Title Act (MTA), to a number of easements which have been of record over 40 years. The issue before us is whether the conclusive presumption of abandonment in the MTA operates to extinguish appellants’ interests in the easements, or whether appellants fall under the MTA’s exception for parties in possession of real estate. The parties dispute the proper standard of proof necessary to satisfy the MTA’s possession exception and who bears the burden of proof to…