Adverse possession is a legal concept that allows someone to gain ownership of another person’s property by occupying and using it without the owner’s permission. This doctrine has been recognized in Michigan law, but there are specific requirements that must be met for adverse possession to be claimed successfully.
Requirements for Adverse Possession in Michigan
In Michigan, the following requirements must be met for adverse possession to be established:
1. Actual and exclusive possession
The claimant must have actual physical possession of the property and must have exclusive control over it. This means that the claimant must physically occupy the property and treat it as their own.
2. Open and notorious possession
The claimant’s possession of the property must be open and obvious to anyone who observes it. They cannot hide their occupation of the property.
3. Continuous possession
The claimant must possess the property continuously for a certain period of time, which in Michigan is generally 15 years. However, there are exceptions to this rule, such as when the claimant is a good-faith purchaser.
4. Hostile possession
The claimant’s possession of the property must be without the owner’s permission. It must be adverse to the owner’s rights. This means that the claimant cannot have any sort of agreement or permission from the owner to occupy the property.
5. Payment of property taxes
In Michigan, the claimant must also pay the property taxes on the property during the period of adverse possession. This requirement demonstrates the claimant’s intent to take ownership of the property.
How to Claim Adverse Possession in Michigan
If you believe you meet the requirements for adverse possession in Michigan, you can file a lawsuit to establish your claim. It is recommended to consult with a real estate attorney who can guide you through the legal process and ensure that you meet all the necessary criteria.
It’s important to note that adverse possession cases can be complex and require significant evidence to prove your claim. This includes documentation of your possession, efforts to maintain the property, and evidence that you meet all the necessary requirements.
Conclusion
Adverse possession is a legal doctrine that allows individuals to gain ownership of property by occupying and using it without the owner’s permission. In Michigan, there are specific requirements that must be met for adverse possession to be claimed successfully. If you believe you meet these requirements, it is advisable to consult with a real estate attorney to guide you through the legal process.