Understanding Domestic Violence Laws in MichiganMacomb County Prosecutor Peter Lucido has filed the first charges under Michigan's new safe storage law following a critical accident in Warren. An 8-year-old boy allegedly accessed an unsecured firearm and shot himself...
Adverse Possession in Michigan – Can Someone Claim Your Property?
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
Macomb Prosecutor issues first charges under new safe storage law
Marijuana grow busted as feds investigations trend in more states
The DEA is investigating international criminal organizations that are operating illegal marijuana grows in about 20 states, including Maine.The significant electricity usage in a residence, its windows concealed with cardboard, and the scent of marijuana caught the...
A visit with a kick
POW - Right in the Kisser. Businesses watch out for the lawA Pennsylvania-based convenience store chain was hit with a lawsuit by the Biden administration at the same time the president stopped by one of their locations on the campaign trail. Sheetz is being accused...
Woman tried to board flight with 56 pounds of marijuana
Woman allowed airport police to check her luggage, had name tag on bags, according to reportsBefore a 21-year-old Memphis woman could board an United Airlines flight, Memphis International Airport Police found 56 pounds of marijuana in her luggage, according to...
More Posts
Cannabis cash transactions aren’t suspicious says IRS
Following The MoneyLarge cash transactions by marijuana businesses should not be automatically flagged as suspicious, as per the latest IRS guidance. The tax agency's...
An Independent Review of the Intoxilyzer 9000
An Independent Review of the Intoxilyzer 9000 Part 1 - Residual mouth alcohol detection Counterpoint Volume 2; Issue 2 - Article 3 (August 2017) An article in the Core...
The Intoxilyzer 9000 (part 1)
The Intoxilyzer 9000 (part 1 of 2)Roll-Out The Michigan State Police (MSP) initiated Intoxilyzer 9000 (Intoxilyzer) training for police officers statewide, commencing...
The Intoxilyzer 9000 (part 2)
The Intoxilyzer 9000 (part 2 of 2)Using it The Intoxilyzer is user-friendly and equipped with a built-in feature to alert officers of any potential issues. As a...
Our Kids are Dying of Drug Overdoses
THE KIDS AREN’T ALRIGHT, THEY’RE DYING OF DRUG OVERDOSESFrom May 2022 to May 2023, the Centers for Disease Control and Prevention reported an alarming 37 percent...
How DUI Charges Impact Your Child’s Future
In Michigan driving is considered a privilege. with this privilege comes immense responsibility, especially when it comes to driving under the influence (DUI) as well...
Rescheduling Marijuana Would Be a Threat to Public Health
Kevin Sabet of Smart Approaches to Marijuana says policy makers need to learn from their mistakes with hemp when considering marijuana rescheduling. It’s rare for...
Meet MiChap
Climate and Health Adaptation ProgramYou must save yourself from yourself.Meet MICHAPOur Vision: Michigan's public health system fosters equitable health and wellbeing...
Feds discover new methods to distinguish hemp and marijuana to assist crime labs
Federally funded researchers have uncovered two methods to divide and diversify the difference between hemp and cannabis to assist to crime labs. Because Cannabis is...
Laws passed by Michigan lawmakers in 2023 will take effect
Several new laws passed by Michigan lawmakers in 2023 will take effect on Tuesday, Feb 13, 2023Making use of the first combined Democratic majority in the state House,...