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.
Examining Michigan’s Act 247 and the Publication of Notices
Are Newspapers Still the Town Crier in a Digital Age? Examining Michigan's Act 247 and the Publication of Notices In today's rapidly evolving digital landscape, the role of traditional media like newspapers is constantly under scrutiny. Yet, in Michigan, a 1963 law,...
Can employers test for weed in 2024?
A bill enacted into California law in 2024 prohibits employers from discriminating against individuals based on their off-duty and off-site use of cannabis, as it relates to their employment. The bill provides an extra level of safeguard for marijuana users in...
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
No Results Found
The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.
More Posts
Legal Consequences of Rescheduling Marijuana – 2024
Legal Consequences of Rescheduling Marijuana Jan 2024 a report from the Congressional Research Service.
Michigan Marijuana Sales Surpassed $3 Billion In 2023
In 2023 according to sources on the internet the Michigan lottery made 46 million , liquor taxes made $31.5 billion this year, a slight increase from previous...
Evidence in Michigan Courts: A Guide to Rules 301-302
Michigan Rules of Evidence: A Guide to Rules 301-302 Presumptions, those inferences drawn from established facts, play a crucial role in both civil and criminal cases...
Evidence in Michigan Courts: A Guide to Rules 201-202
Michigan Rules of Evidence: A Guide to Rules 201-202 Understanding the Michigan Rules of Evidence is crucial for anyone involved in legal proceedings within the state....
Scientists Discover The Reason Cannabis Causes The Munchies
For the first time, scientists have uncovered the precise neurological impacts of cannabis use that give rise to the phenomenon famously referred to as the "munchies,"...
Evidence in Michigan Courts: A Guide to Rules 101-106
Navigating the legal system can be daunting, especially when it comes to understanding the rules governing evidence. This article sheds light on the first six articles...
Maker of CBD products asks court to decide
The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here....
Examining Michigan’s Act 247 and the Publication of Notices
Are Newspapers Still the Town Crier in a Digital Age? Examining Michigan's Act 247 and the Publication of Notices In today's rapidly evolving digital landscape, the...
Second Amendment Restrictions and Restoration in Michigan
Michigan cherishes the Second Amendment, but it's important to remember that this right isn't absolute. Certain actions or circumstances can lead to its temporary or...
Can employers test for weed in 2024?
A bill enacted into California law in 2024 prohibits employers from discriminating against individuals based on their off-duty and off-site use of cannabis, as it...