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.
It’s not hard to be accused of being a Menace in Michigan
“You are a menace, you’re talking louder than me, you don’t agree with me and now you're pointing at me with gun fingers. I feel threatened! I’m calling the police”. All over a minor disagreement - probably about paper or plastic. Police arrive and can only do what...
Disturbing the Peace – Laws and Penalties in Michigan
What are the laws and penalties of disturbing the peace in Michigan? Have you ever been in a situation where someone's behavior was so disruptive that it made you feel uncomfortable or unsafe? Maybe it was someone yelling loudly in public, creating a disturbance at a...
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
No Second Chances to Win in Court
Wrong Place, Wrong Attorney We had someone call the office the other day. They said they got into a situation with cannabis in an unfriendly part of the state and were...
Driver License Restoration in Michigan
Walking to work is fun. In fact very healthy and climate friendly. But sometimes wouldn't you rather just drive? Unfortunately if your not one of the privileged and had...
You can’t sue marijuana is illegal federal judge tells Michigan cannabis business
Whether Michigan violated the rights of a marijuana business with a massive 2021 recall is beside the point, a federal court ruled this week. “Federal law considers...
I recently encountered a new traffic light with 4 different signals – I am confused?!?
Question: I recently encountered a new traffic light with 4 different signals - What am I supposed to do when the light is flashing a yellow arrow? Answer: The Michigan...
How do I treat a dark traffic signal at an intersection?
Question: How do I treat a dark traffic signal at an intersection? Answer: When a signal at an intersection loses power and there are no other traffic control...
Can I have open alcohol in a trailer that is being pulled on the road?
Question: Can I have open alcohol in a trailer or camper that is being pulled on the road? Answer: In most instances transporting or possession of open intoxicants in...
What is The Statue of Limitations in Michigan?
In Michigan, there is no statute of limitations for certain serious offenses, ensuring that justice can be pursued indefinitely. First and foremost, homicide crimes...
What is a Grand Jury and How do They Indict Someone?
Depends what state you're in and if it's local or federal. A Grand Jury is a crucial component of the legal system. It functions as an "independent" body responsible...
Michigan on Pace to Become $3-Billion Cannabis Market in 2023
Michigan's cannabis market is thriving, with licensed dispensaries reporting record-breaking sales of $276.7 million in July 2023. This surpassed the previous record...
Federal Appeals Court Rules That Gun Ban For Cannabis Consumers Is Unconstitutional
A federal appeals court has ruled that the ban preventing people who use marijuana from possessing firearms is unconstitutional. The U.S. Court of Appeals for the Fifth...