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.
No Results Found
The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.
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
Federal Court Strikes Down Gun Ban For People Who Use Marijuana
The federal government's justification for upholding the law is "concerning," according to a federal judge, who ruled that the ban on marijuana users owning firearms is...
Police found my friend’s drugs in my car-What do I do?
When you're pulled over by the police and your friend throws their stash under your seat. Are they still your friend? That's up to you. But at the moment you probably...
2021-2022 Michigan Bills Regarding Marijuana Legislation
Search Criteria: Legislative Session = 2021-2022; Full Text (Bill Documents Only) = "marijuana," AND "cannabis" DocumentTypeDescriptionSB 0186 of 2021(PA 4 of...
Michigan Gov Vetoes Several Medical Cannabis Bills
Michigan Gov. Gretchen Whitmer, calling them rushed, recently vetoed 11 bills including three medical cannabis bills, with others related to retirement and tax. The...
What is Constructive Possession?
Constructive Possession Constructive possession is the legal possession of an object that is not in the person’s direct physical control. Like other “constructive”...
MAKING THE MSP LAB ANALYST YOUR WITNESS
When: Jan 12, 2023 Time: 10am - 12pm Location: By Zoom Presented by: Trial Attorney Michael Komorn Registration ZOOM WEBINAR PROTOCOLS 1. Registrants join by clicking...
Can a caregiver work in a licensed facility and retain their caregiver status under MMMA?
So you're an expert caregiver growing the best and want to get into the licensed growing or processing business in Michigan. Here's a question asked often by...
Michigan marijuana testing lab says potency results are legit
Controversial Michigan marijuana testing lab says potency results are legit. IT HAS PROOF! Michigan regulators and the state’s largest marijuana safety testing lab are...
Can you drink and drive on private property in Michigan?
You can be arrested for DUI when on private property. Private means only so much. Michigan's drunk driving law allows the police to arrest you for DUI or OUI even if...
Another Case Dismissed
December 6, 2022 - Through the diligence and tenacity of trial attorney Michael Komorn and the team at Komorn Law. We are proud to announce - another case dismissed.