Feb
3
Added:
2/3/2012 3:01 PM
It is important to know that in Michigan someone can actually take your land if you are not careful. Typically it is not done intentionally but the result can be quite contentious and a law suit most likely will follow. One way to take someone else’s property is by adverse possession.
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Adverse Possession (definition) – a method of acquiring title to real property that is owned by someone else by holding open, continuous, hostile and notorious possession for a statuary period of time.
The amount of time needed in order for adverse possession to take place in Michigan is 15 years and it must be uninterrupted for the entire 15 years. Here is an example:
Two neighbors live in the country side by side. Both of the properties have been in the respective families for generations. Over the years it was understood by both families that the property line o
r boundary was a tree line that was planted who knows how long ago. One of the families (parcel A) decides to sell his property and when he does he purchases a stake survey for the buyer of his property. Once the survey is complete it is discovered that the tree line was not the correct boundary and in fact parcel A’s boundary actually extends 20 feet beyond the tree line and on parcel B’s property. Parcel B happens to have part of his garage in that 20 feet that parcel A actually owns. Obviously parcel B cannot move his garage so he is claiming adverse possession over part of parcel A’s property. Since parcel A is unwilling to allow parcel B to take part of his property a lawsuit will be filed and a court will decide who is entitled to the property in question.
This situation is considered “hostile”, parcel B has been using the property in question for more than the required 15 continuous years and he has been doing so openly.
Different type of taking of another’s property is called “acquiescence” or “easement by prescription.”
- Easement by Prescription (definition) – acquisition of an easement because of prolonged use.
With easement by prescription one party simply has to show that “by a preponderance of evidence” that she and the actual owner have peacefully agreed to the recognized disputed boundary for the last 15 years or more. This does not mean the possession was hostile or that both parties have not agreed to this taking. The Michigan courts usually accept this type of taking because both parties had agreed to the boundary at a point in time more than 15 years ago and it has been continuous period of time. If the boundary is disputed in the future the court will typically rule in favor of the new boundary line which is what was agreed to by both parties in the past.
In order to avoid these types of issues it is best to have a staked survey performed on your property. If you know and have agreed to the fact that a neighbor is able to use a portion of your property for whatever reason, it is best to contact an attorney to determine the best way to give your neighbor notice that you are allowing him access to your property for a certain period of time so he cannot claim your property by adverse possession in the future. In this case you want to be proactive because sometimes neighbors do not always remain neighborly.
Joy Watts
Watts Realty Team
5071 Gull Road
Kalamazoo, MI 49048
www.WattsRealtyTeam.com