Adverse Possession in Michigan – Can Someone Claim Your Property?

Adverse Possession in Michigan – Can Someone Claim Your Property?

Mar 29, 2024 | Blog, Michigan Crime, Michigan Laws, Your Rights

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.

     No person may bring or maintain any action for the recovery or possession of any lands or make any entry upon any lands unless, after the claim or right to make the entry first accrued to himself or to someone through whom he claims, he commences the action or makes the entry within the periods of time prescribed by this section.
    (1) When the defendant claims title to the land in question by or through some deed made upon the sale of the premises by an executor, administrator, guardian, or testamentary trustee; or by a sheriff or other proper ministerial officer under the order, judgment, process, or decree of a court or legal tribunal of competent jurisdiction within this state, or by a sheriff upon a mortgage foreclosure sale the period of limitation is 5 years.
    (2) When the defendant claims title under some deed made by an officer of this state or of the United States who is authorized to make deeds upon the sale of lands for taxes assessed and levied within this state the period of limitation is 10 years.
    (3) When the defendant claims title through a devise in any will, the period of limitation is 15 years after the probate of the will in this state.
    (4) In all other cases under this section, the period of limitation is 15 years.
Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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.

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Red Flag Rules for Extreme Risk Protection Orders-Firearms Act

Red Flag Rules for Extreme Risk Protection Orders-Firearms Act

Mar 27, 2024 | Blog, Michigan Laws, Your Rights

Michigan Supreme Court – These changes follow the creation of the Extreme Risk Protection Order Act and amendments to the Firearms Act. Red Flag Laws.

Effective February 13, 2024

On February 6, 2024, the Michigan Supreme Court issued ADM File No. 2023-24, which adopts amendments to MCR 3.701 and the addition of MCR 3.715, .716, .717, .718, .719, .720, .721, and .722, effective February 13, 2024.

These changes follow the creation of the Extreme Risk Protection Order Act and amendments to the Firearms Act, the Code of Criminal Procedure, and the Revised Judicature Act in May of 2023.

  • MCR 3.715 Definitions. Several terms are defined within this rule, including “complaint,” “existing action,” “minor,” “petitioner,” and “respondent.” In addition, MCR 3.715 indicates that the terms “dating relationship,” “possession or control,” “family member,” “guardian,” “health care provider,” “law enforcement agency,” and “law enforcement officer,” mean those terms as defined in MCL 691.1803.
  • MCR 3.716 Commencing an Extreme Risk Protection Action. An extreme risk protection action is an independent action commenced by filing a complaint with the family division of the circuit court. A complaint may be filed regardless of whether the respondent owns or possesses a firearm and must be prepared on a form approved by the State Court Administrative Office and submitted with the complaint. An extreme risk protection action may only be commenced by
    • the spouse or former spouse of the respondent;
    • an individual who has a child in common with, has or has had a dating relationship with, or resides or has resided in the same household as the respondent;
    • a family member;
    • a guardian of the respondent;
    • a law enforcement officer; or
    • a health care provider, under certain circumstances.

MCR 3.716 also details requirements for the complaint, a complaint against a minor, and venue.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

  • MCR 3.717 Dismissals. Except as otherwise specified in the rules, an action for an extreme risk protection order (ERPO) may only be dismissed upon motion by the petitioner prior to the issuance of an order.
  • MCR 3.718 Issuing Extreme Risk Protection Orders. Except as otherwise provided in the rule, the court must rule on a request for an ex parte order within one business day of the filing date of the complaint and must expedite and give priority to ruling on a request for an ex parte order. MCR 3.718 also specifies the factual requirements for granting an ex parte order as well as the procedures for immediate emergency ex parte orders, an anticipatory search warrant, and hearings. The court must expedite and give priority to hearings required by the extreme risk protection act and must schedule a hearing for the issuance of an ERPO under certain circumstances detailed in the rule.
  • MCR 3.719 Orders. This rule details the form and scope of an order and stipulates the respondent’s response requirements, along with restrictions on concealed weapons and the process for surrendering firearms. Service, notice, and clerk of the court responsibilities are also covered in MCR 3.719.
  • MCR 3.720 Modification, Termination, or Extension of Order. The petitioner may file a motion to modify or terminate the ERPO and request a hearing after the order is issued. The respondent may file one motion to modify or terminate an ERPO during the first six months that the order is in effect and one motion during the second six months that the order is in effect.
  • MCR 3.721 Contempt Proceedings for Violation of Extreme Risk. In general, an ERPO is enforceable under MCL 691.1810(4)–(5), 691.1815(4), and 691.1819(4). MCR 3.721 outlines the guidelines for motions to show cause, service, search warrants, arraignment, pleas of guilty, scheduling or postponing hearings, prosecution after arrest, and violation hearings.
  • MCR 3.722 Appeals. Appeals must generally comply with subchapter 7.200. Either party has an appeal of right from
    • an order granting, denying, or continuing an ERPO after a hearing under MCR 3.718(D); or
    • an order granting or denying an extended ERPO after a hearing under MCR 3.720(B).

The respondent has an appeal of right from a judgment of sentence for criminal contempt entered after a contested hearing.

The respondent has the lawful right to appeal a judgment of sentence for criminal contempt entered following a contested hearing.

Chief Justice Clement concurred with the proposed adoption of the ERPO court rules, but she wrote separately to address her concerns regarding inconsistent legal terminology used in the Extreme Risk Protection Order Act..

Among other linguistic inconsistencies, she emphasized that the Act “requires an individual to file “a summons and complaint” to initiate an ERPO action” but the nature of ERPO actions is consistent with that of a petition—not a complaint.

The Michigan Supreme Court has developed a range of SCAO forms aligned with the ERPO, showcasing their commitment to effective legal documentation.:

See the Court’s February 7, 2023 memorandum for more info.

 Court Form Information

https://www.courts.michigan.gov/4908b5/siteassets/forms/scao-approved/recent-revisions/eoc_erpo.pdf

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Synthetic Marijuana (Synthetic Cannabinoid Homologues)

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Spice/ K2, Synthetic Marijuana

What is Spice/ K2, Synthetic Marijuana?

K2 and Spice are just two of the various trade names or brands for synthetic designer drugs that aim to replicate THC, the primary psychoactive component of marijuana. These designer synthetic drugs belong to the synthetic cannabinoid class and are commonly marketed and sold under the pretense of being “herbal incense” or “potpourri.

These products are unfortunately being misused for their psychoactive effects and are sold without any information regarding their potential health and safety risks.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Street Title

Spice, K2, RedX Dawn, Paradise, Demon, Black Magic, Spike, Mr. Nice Guy, Ninja, Zohai, Dream, Genie, Sence, Smoke, Skunk, Serenity, Yucatan, Fire, Skooby Snax, and Crazy Clown.

How is it abused?

Spraying or mixing the synthetic cannabinoids on plant material provides a vehicle for the most common route of administration – smoking (using a pipe, a water pipe, or rolling the drug-laced plant material in cigarette papers). In addition to the cannabinoids laced on plant material and sold as potpourri and incense, liquid cannabinoids have been designed to be vaporized through both disposable and reusable electronic cigarettes.

What are its effect on the body?

State public health and poison centers have issued warnings in response to adverse health effects associated with abuse of herbal incense products containing these synthetic cannabinoids. These adverse effects included tachycardia (elevated heart rate), elevated blood pressure, unconsciousness, tremors, seizures, vomiting, hallucinations, agitation, anxiety, pallor, numbness, and tingling. This is in addition to the numerous public health and poison centers which have similarly issued warnings regarding the abuse of these synthetic cannabinoids. In some instances, the adverse health effects can be long-lasting even after the user quits using the substances.

Is K2 / Spice / Synthetic Marijuana Legal in Michigan?

In October 2010, seven artificial marijuana chemicals (JWH-015, JWH-018, JWH-073, JWH200, JWH-250, CP-47,497, HU-210) were made illegal in Michigan with penalties similar to marijuana possession (yeah they can still get ya in 2024 for weed)

5 Products that contain one or more of these chemicals are illegal.

However, as new formulas or versions of these drugs are marketed, they may contain chemicals not covered by the current law.

 

What if I have more questions?

The Michigan PCC is open 24 hours a day, 7 days a week to answer medical questions or concerns related to poisoning events. The PCC Help Hotline is: 1-800-222-1222.

If you got into a situation with the law then you want to call our number (248) 357-2550

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MICHIGAN COURT RULES OF 1985

Updated February 13, 2024

The Michigan Court Rules

The Michigan Rules of Court are the rules adopted by the Michigan Supreme Court to govern Michigan’s legal system and the judges, lawyers, and other professionals who are charged with preserving the integrity of that system. The purpose of the Court Rules is to establish uniform rules and procedures for all levels of Michigan’s court system. These regulations ensure that cases are resolved without undue delay and that those who appear in court receive due process and equal treatment under the law.

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State / Federal Legal Defense

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KOMORN LAW (248) 357-2550

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Understanding Michigan’s Cyberbullying Law (MCL 750.411x)

Understanding Michigan’s Cyberbullying Law (MCL 750.411x)

Feb 8, 2024 | Blog, Michigan Laws

Understanding Michigan’s Cyberbullying Law

With the ever-expanding digital landscape, cyberbullying has become a harsh reality for many. Michigan, recognizing its seriousness, has established specific laws to address this issue.

Here’s some things you need to know

What does the law say?

MCL 750.411x defines cyberbullying as posting a message in a public online forum about someone with the intent to threaten them with violence. This means simply posting something mean online doesn’t qualify as cyberbullying under this law.

However, if the post expresses a clear intention to harm the person, putting them in fear of bodily injury or death, it might be considered cyberbullying.

Definition

  (6) As used in this section:

(a) “Cyberbully” includes posting a message or statement in a public media forum about any other person if both of the following apply:
  (i) The message or statement is intended to place a person in fear of bodily harm or death and expresses an intent to commit violence against the person.
  (ii) The message or statement is posted with the intent to communicate a threat or with knowledge that it will be viewed as a threat.
  (b) “Pattern of harassing or intimidating behavior” means a series of 2 or more separate noncontinuous acts of harassing or intimidating behavior.
  (c) “Public media forum” means the internet or any other medium designed or intended to be used to convey information to other individuals, regardless of whether a membership or password is required to view the information.

What are the penalties?

A first offense is punishable as a misdemeanor with up to 93 days in jail and a $500 fine. If the offender has a prior cyberbullying conviction, the penalties increase to a maximum of 1 year in jail and a $1,000 fine. Remember, these are just the legal consequences; cyberbullying can also have lasting social and emotional repercussions.

Have your rights been violated?
Have your driving priviledges been revoked?
Has your professional license been suspended?
Second Amendment rights taken away?
Have you been charged with a crime?

Call our office to see if we can help
Komorn Law  248-357-2550

What can you do if you’re cyberbullied?

If you encounter cyberbullying, don’t engage. Report the incident to the platform where it occurred and keep evidence like screenshots. Consider talking to a trusted adult or seeking help from organizations like Cyberbullying Research Center or StopBullying.gov. Remember, you’re not alone.

Read the details of the law here

Staying safe online:

  • Think before you post: Consider the potential impact of your words before hitting “send.”
  • Respect others: Treat everyone online with the same respect you’d show in person.
  • Protect your privacy: Be mindful of what personal information you share online.
  • Report cyberbullying: Don’t be silent; report incidents to the platform and seek help if needed.

MCL 750.411x serves as a safeguard against online threats, but remember, online safety is a shared responsibility. By understanding the law, respecting others, and reporting harmful behavior, we can create a more positive and inclusive digital space for everyone.

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Involuntary Manslaughter Charges and Penalties in Michigan

Here’s things you should to know

What is Involuntary Manslaughter in Michigan?

Involuntary manslaughter differs from murder in that it lacks intent to kill.

In Michigan, it is somewhat defined as the killing of another person through:

 

  • Recklessness: This involves acting with a conscious disregard for a substantial and unjustifiable risk that the act will cause death or serious physical harm.
  • Gross negligence: This refers to a failure to use even the slightest care that a reasonable person would use in similar circumstances.
  • Commission of a misdemeanor: This means unintentionally causing death while committing another crime, even a minor one.

Involuntary manslaughter distinguishes itself from voluntary manslaughter based on the intent of the alleged offender.

The broad differentiating factor lies in whether the accused intended to cause severe physical harm to the victim, as seen in cases of voluntary manslaughter.

Conversely, in cases of involuntary manslaughter, the accused is alleged to have caused the victim’s death without malice or intent.

A conviction of voluntary manslaughter can arise when the accused did not have the intention to cause serious bodily harm to the victim but exhibited a significant lack of care in their behavior towards the victim’s safety.

The determining factor between these two homicide offenses is typically the presence of intent.

What are the penalties?

  • Up to 15 years in prison: The exact sentence depends on the specific circumstances of the case, including the severity of the recklessness or negligence and the presence of aggravating factors.
  • Fine of up to $7,500: This financial penalty adds to the significant burden faced by those convicted.

Charged with Homicide, Second Degree Murder, Manslaughter?

Call our office to see if we can help
Komorn Law  248-357-2550

Additional Consequences:

Beyond the legal penalties, a conviction for involuntary manslaughter can have lasting consequences, including:

  • Loss of employment or professional licenses: Many professions have strict ethical codes that may prohibit employing individuals with criminal records.
  • Difficulty obtaining housing or loans: Background checks often reveal criminal convictions, making it harder to secure housing or loans.
  • Social stigma: The emotional and social impact of a conviction can be significant, leading to isolation and judgment.

Read the lack of details of the law here

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