Squatters
Squatting, in one definition is the unauthorized occupation of a property, can be a frustrating ordeal for property owners in Michigan. Understanding the relevant laws and procedures is crucial for regaining possession of your property.
Squatting vs. Adverse Possession: Key Differences
Michigan law differentiates between squatting and adverse possession. Squatting refers to the unlawful occupation of a property without the owner’s consent. In contrast, adverse possession allows someone who isn’t the legal owner to gain ownership rights under specific circumstances, as outlined in MCL § 600.5801. To establish adverse possession, an occupant must demonstrate:
- Continuous occupancy: Occupying the property for at least 15 consecutive years (MCL § 600.5801(1)).
- Color of title: Possessing a document, though potentially flawed, that suggests ownership (MCL § 600.5801(2)). However, simply paying rent or utilities doesn’t constitute color of title.
- Payment of property taxes: Paying property taxes for at least ten consecutive years (MCL § 600.5801(2)).
Open, notorious, and hostile possession: Occupying the property openly, demonstrably, and claiming it as their own, even if mistakenly (MCL § 600.5801(3, 4)).
The burden of proof lies with the squatter to establish adverse possession. Notably, Michigan courts have interpreted these requirements strictly, making it difficult for squatters to gain ownership rights.
News Articles and Information
MML-Michigan Communities and Squatting: What You Need to Know (PDF)
Here’s how homeowners can fight against squatter insanity
And now for something completely different…
Self-Help Eviction: A Unique Feature in Michigan
Michigan offers a unique remedy for property owners facing squatters: self-help eviction. Unlike most states, Michigan law allows owners to take specific steps to make the property unappealing for squatters, encouraging them to leave voluntarily.
Important Caveats: It’s crucial to note that self-help eviction has limitations:
No removal of belongings: Owners cannot remove the squatter’s belongings or physically force them out.
Tenant vs. squatter: This method only applies to squatters, not tenants with a valid lease agreement. Evicting tenants requires a formal eviction process through the court system.
Potential legal repercussions: Improper use of self-help measures could result in legal action from the squatter. Consulting an attorney before taking any steps is highly recommended.
Getting Rid of Squatters
If you discover that someone unauthorized is occupying your property, contact the police. However, be aware that the police may consider it a civil issue and advise you to pursue eviction through the courts. It is important to note that squatting is considered a misdemeanor in Michigan, even if law enforcement may not be fully aware of this fact.
Instead of waiting on or dealing with the police, property owners in Michigan can take action to remove illegal occupants within the limits of the law:
- Kindly request the squatter to vacate the premises within a specified timeframe.
- Notify the squatter that legal measures will be pursued if they fail to comply promptly.
- While the squatter is away from the property, consider changing the locks, securing entry points, boarding up windows, and implementing additional barriers like fences to prevent re-entry.
Understanding Michigan’s Cyberbullying Law (MCL 750.411x)
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 knowWhat...
Involuntary Manslaughter Charges and Penalties in Michigan
Involuntary Manslaughter Charges and Penalties in MichiganHere's things you should to knowWhat 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...
Criminal Trespass: Legal Ramifications of Squatting
Squatting in Michigan is considered criminal trespass under MCL 750.553. This statute classifies trespassing as a misdemeanor for first offenses, punishable by fines up to $5,000 or imprisonment for up to 180 days, or both. Subsequent offenses become felonies with steeper penalties.
There are additional trespassing classifications based on the property type:
- Residential property: Trespassing on a single-family or two-family dwelling is typically a misdemeanor.
- Commercial property: Trespassing on commercial buildings, industrial sites, construction zones, or utility property can be charged as a felony.
Property owners who suspect squatting should contact law enforcement. Officers can remove squatters if they lack a legal right to be on the property.
The Law
750.553 Occupancy of building without consent; violation; penalty; exception.
Sec. 553.
Other Articles
US court upholds ban on selling guns to marijuana card holders
SAN FRANCISCO — A federal ban on the sale of guns to medical marijuana card holders does not violate the Second Amendment, a federal appeals court said Wednesday. The ruling by the 9th U.S. Circuit Court of Appeals applies to the nine Western states that fall under...
More Posts
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,...
Understanding Michigan’s Cyberbullying Law (MCL 750.411x)
Understanding Michigan's Cyberbullying Law With the ever-expanding digital landscape, cyberbullying has become a harsh reality for many. Michigan, recognizing its...
FAQs About Restoring Your Drivers License in Michigan
Frequently Asked Questions about Restoring Your Driver's License in MichiganHere's what you need to knowWhat are the steps to restore my driver's license in Michigan?...
Involuntary Manslaughter Charges and Penalties in Michigan
Involuntary Manslaughter Charges and Penalties in MichiganHere's things you should to knowWhat is Involuntary Manslaughter in Michigan? Involuntary manslaughter differs...
Cannabis Tax Payments Being Distributed in Michigan
Adult-Use Marijuana Tax Payments Being Distributed In MichiganHere's what they say...Treasury: Adult-Use Marijuana Payments Being Distributed to Michigan Municipalities...
The Expanding List of Crimes that Restrict Gun Ownership
The Expanding List of Crimes that Restrict Gun Ownership in MichiganHere are the LawsDomestic Violence The legislature passed a package of bills that add subsets to...
Forensic Science Division – DNA Profiling System
The Michigan State Police Forensic Science Division (FSD) DNA Profiling System is a comprehensive program that uses DNA analysis to support criminal investigations...
Apparent cannabis testing bags in trash pile in Lansing
Michigan's marijuana laws mandate that both retail recreational and medical marijuana undergo comprehensive testing conducted by independent laboratories. The purpose...
Evidence in Michigan Courts: Proposed Amendments of MRE
The Michigan Rules of Evidence are the rules adopted by the Michigan Supreme Court to govern evidentiary processes throughout Michigan's judicial system. Occasionally,...
Evidence in Michigan Courts: Michigan’s Evidence Rules 1001-1008
Michigan's Rules of Evidence, established by the Supreme Court, dictate how evidence is presented and admitted in court proceedings. Rules 1001 through 1008, focusing...