Understanding Adverse Possession in Michigan
Michigan recognizes adverse possession, a legal doctrine allowing someone to acquire ownership of real property they’ve occupied for a specific period, even without a formal title.
The Statute: MCL 600.5801
The relevant statute governing adverse possession is MCL 600.5801 [MCL 600.5801], titled “Limitations of actions – real property.” It establishes time limits for filing legal actions regarding land ownership.
Subsection (4) is crucial, stating a 15-year limitation period “in all other cases under this section.” This implies that to gain title through adverse possession, one must continuously possess the land for fifteen years.
600.5801 Limitation on actions; time periods; defendant claiming title under deed, court-ordered sale, tax deed, or will; other cases.
Sec. 5801.
Elements of Adverse Possession
To successfully claim adverse possession in Michigan, the claimant (squatter) must demonstrate they possessed the property in a way that meets the following criteria:
- Actual Possession: This implies actively utilizing the land and regarding it as one’s possession. Infrequent or irregular use would not meet the criteria.
- Visible and Open: The possession should be evident to anyone observing the property. Fences, landscaping, or structures built demonstrate this.
- Notorious: The possession should be known or readily discoverable by the rightful owner. This doesn’t require the owner’s actual knowledge, but the use should be such that the owner could have discovered it with reasonable diligence.
- Exclusive: The possession should prevent others, including the rightful owner, from using the land.
- Continuous and Uninterrupted: Possession must be ongoing for the entire 15-year period. Gaps or breaks in possession could weaken the claim.
- Hostile: This doesn’t imply animosity towards the true owner. It simply means the possession is adverse to the owner’s rights, suggesting a claim of ownership independent of the owner’s permission.
We’ll Take That From You.
MCL 600.5821 addresses limitations for government entities [MCL 600.5821]. Government entities like municipalities and road commissions are generally not subject to adverse possession claims.
Additionally, the “hostile” element can be tricky. Permission from the true owner, even verbal, can disrupt the claim.
Consulting an attorney is highly recommended to assess the specific facts of a potential adverse possession case.
Potential Issues
Successfully establishing adverse possession allows the claimant to gain legal title to the property.
However, there are potential drawbacks. The process can be lengthy and require significant evidence. Additionally, if the true owner contests the claim, litigation can be costly.
Real Questions from Real Calls
Question: I have been living in a tent for 15 years in a Michigan State Park. Can I claim that property as my own under the adverse possession laws?
Unfortunately, you cannot claim ownership of the land in the Michigan State Park through adverse possession for a few reasons:
- Government Immunity: MCL 600.5821 exempts government-owned land from adverse possession claims [MCL 600.5821]. State parks fall under this category, meaning no matter how long you’ve resided there, you can’t acquire ownership through adverse possession.
While you’ve met the time requirement (15 years in Michigan), the other elements likely wouldn’t hold up either.
- Permission: Living in a state park typically requires permission, even if it’s just following camping regulations. This suggests you wouldn’t be able to establish “hostile” possession, a crucial element.
Here’s what you can do:
- Contact Park Rangers: Explain your situation to the park rangers. They might be able to offer alternative solutions, like designated camping areas or low-cost housing programs.
- Seek Legal Advice: An attorney specializing in property law can provide a more nuanced perspective on your situation. There might be other legal avenues to explore, depending on the specifics.
While claiming ownership through adverse possession isn’t possible in this case, there might be other options to consider.
Related Articles
Feds Clarify Doctor Prescribed Medical Cannabis Is No Excuse
The revised federal workplace drug testing guidelines, issued by the Substance Abuse and Mental Health Services Administration (SAMHSA), Department of Health and Human Services (HHS), are intended to provide clarity. These guidelines emphasize that individuals who use...
US Cannabis Industry-Just Another Sinking Ship?
Is the cannabis industry just another sinking ship in the US? This story was picked up out in the cannabis news world. Read it for yourself. Have the end times have begun for US weed companies as the first South American imports are approved by the DEA. The US Federal...
The Marijuana Industry Paid an Extra $1.8 Billion in Federal Taxes Because of the 280E Tax Code
News from the internet Why legalize cannabis when 280E is the gift that keeps on giving to the Federal government? Whitney Economics, a cannabis research firm, recently conducted a comprehensive analysis of the impact of federal taxes on the cannabis industry. The...
Federal Court Strikes Down Gun Ban For People Who Use Marijuana
The federal government's justification for upholding the law is "concerning," according to a federal judge, who ruled that the ban on marijuana users owning firearms is unconstitutional. A man was charged in Oklahoma in 2022 after police found marijuana and a handgun...
More Posts
![Attorney Alleges Authorities `Bend The Science’ To Elevate Marijuana Cases](https://komornlaw.com/wp-content/uploads/2015/11/mirs_logo.png)
Attorney Alleges Authorities `Bend The Science’ To Elevate Marijuana Cases
MIRS-Michigan Independent Source Of News and Information Friday Nov 6, 2015 Maxwell LORINCZ, of Spring Lake, says a fingerprint of oil on an empty plastic container led...
![Drug felonies without credible proof? — Allegations of politicking in state police crime labs](https://komornlaw.com/wp-content/uploads/2015/11/Fox-17-MSP-Crime-Lab-Falsifying-Reports_KomornLaw-01.jpg)
Drug felonies without credible proof? — Allegations of politicking in state police crime labs
GRAND RAPIDS, Mich. – First on FOX 17, we broke serious allegations that state police crime labs are being told to falsely report marijuana test results. This is...
![Attorney: Crime labs ‘falsified’ marijuana reports](https://komornlaw.com/wp-content/uploads/2015/11/Livingston-Daily-logo.png)
Attorney: Crime labs ‘falsified’ marijuana reports
A Southfield lawyer alleges the Michigan State Police crime labs have “falsified lab reports on marijuana statewide” and he’s asking a judge to dismisses charges lodged...
![Hearing in alleged false crime lab marijuana reporting dropped this week](https://komornlaw.com/wp-content/uploads/2015/04/fox17.jpg)
Hearing in alleged false crime lab marijuana reporting dropped this week
OTTAWA COUNTY, Mich. – The evidentiary hearing originally set for Nov. 5 has been dropped in the case involving a medical marijuana patient charged with a disputed...
![“A non-stop political game:” Former MSP Forensic Science director on false marijuana reporting …](https://komornlaw.com/wp-content/uploads/2015/11/Forensic-News.png)
![“A non-stop political game:” Former MSP Forensic Science director on false marijuana reporting …](https://komornlaw.com/wp-content/uploads/2015/11/Forensic-News.png)
“A non-stop political game:” Former MSP Forensic Science director on false marijuana reporting …
DEWITT, Mich. – A former director of Michigan State Police Forensic Science addressed the serious allegations FOX 17 uncovered, which accuse the Attorney General’s...
![Michigan’s medical marijuana law circumvented by crime labs’ THC reports, attorney charges](https://komornlaw.com/wp-content/uploads/2015/10/mlive.jpg)
![Michigan’s medical marijuana law circumvented by crime labs’ THC reports, attorney charges](https://komornlaw.com/wp-content/uploads/2015/10/mlive.jpg)
Michigan’s medical marijuana law circumvented by crime labs’ THC reports, attorney charges
Posted on MLive 10/30/15 OTTAWA COUNTY, MI – An attorney claims prosecutors pressured state police crime labs to change the way THC, the active ingredient in...
![Medical-Marijuana Patient Alleges Prosecutors Swayed Crime Lab Drug Tests](https://komornlaw.com/wp-content/uploads/2015/11/Forensic-Mag-logo.png)
![Medical-Marijuana Patient Alleges Prosecutors Swayed Crime Lab Drug Tests](https://komornlaw.com/wp-content/uploads/2015/11/Forensic-Mag-logo.png)
Medical-Marijuana Patient Alleges Prosecutors Swayed Crime Lab Drug Tests
Fri, 10/30/2015 - 4:11pm A Michigan medical-marijuana patient claims in court papers that state police crime labs are bending to pressure from prosecutors in analyzing...
![Hearing in alleged false crime lab marijuana reporting dropped this week](https://komornlaw.com/wp-content/uploads/2015/04/fox17.jpg)
![Hearing in alleged false crime lab marijuana reporting dropped this week](https://komornlaw.com/wp-content/uploads/2015/04/fox17.jpg)
![Hearing in alleged false crime lab marijuana reporting dropped this week](https://komornlaw.com/wp-content/uploads/2015/04/fox17.jpg)
Allegations: MSP falsely reporting marijuana, targeting card-carrying patients
SPRING LAKE, Mich. – The defense representing a Spring Lake father facing a felony marijuana charge is accusing Michigan State Police Forensic Science Division crime...
![When Being Hated…Is Revered](https://komornlaw.com/wp-content/uploads/2015/05/Michael_Komorn_Legal_Tips.jpg)
![When Being Hated…Is Revered](https://komornlaw.com/wp-content/uploads/2015/05/Michael_Komorn_Legal_Tips.jpg)
When Being Hated…Is Revered
By Attorney Michael Komorn " Lieutenant, this lawyer is a pain in the ass, I can't stand him, I really hate him" This was my client's observation of the...
![Lawyer slams decision to deny cannabis to autistic kids](https://komornlaw.com/wp-content/uploads/2015/08/Channel-4-Komorn-Autism-Panel-02.jpg)
![Lawyer slams decision to deny cannabis to autistic kids](https://komornlaw.com/wp-content/uploads/2015/08/Channel-4-Komorn-Autism-Panel-02.jpg)
Lawyer slams decision to deny cannabis to autistic kids
"Allowing medical marijuana for those with autism was supposed to be the clinical trial," Komorn said. "Instead, we're going to have criminal trials." Lawyer...