When a person owns real estate, one of the worst things they could have happen in regards to their property is losing some of their property without receiving any compensation for it. One thing that can sometimes lead to this occurring is when another party, without permission, uses the property for a long period of time. It doesn’t matter who has the title to the property when this occurs.
Losing possession of the land you’ve worked hard to keep up with, and are proud of, is often a frustrating experience. How can land owners avoid this, and what happens if someone wants to take a part of your land?
The Elements of Adverse Possession
This is due to the legal doctrine called adverse possession. This area of real property law is not to be confused with a simple boundary dispute. Under this doctrine, a trespasser can make a claim for rights to a piece of real estate if they used the property without the owner’s permission in an open and public manner for a certain period of time and meet certain requirements. There are several qualifications needed in order to make this claim. The trespasser must show that their use of the property is visible, open, notorious, exclusive, and continuous.
The Minimum Time Needed for Adverse Possession
How long does a trespassing need to go on for the trespasser to be able to make a claim for adverse possession rights to a property? The minimum time period for adverse possession in Michigan is fifteen years. But this varies from state to state. Here in Michigan, a trespasser generally is required to have been in occupation of a property for at least 15 years to be eligible for adverse possession rights in relation to the property. Thus, a trespasser occupying one’s property could potentially have major impact on a property owner if the occupation goes on for a long time. This matter may go to court in order to make one party the “true owner” of the land in question, and if adverse possession is proven, it will be transferred to the new owner at the time of the conveyance.
Consequently, it can be very important for the owner of the property to properly address trespasses against their land. There are actions property owners can take to try to prevent their property from falling victim to adverse possession. If you own a large piece of property in Michigan, you may regularly want to check your boundary lines and search through the land to find those who could potentially be using it. Many things must happen in order to establish adverse possession, and it is not automatic. Attorneys can provide Michigan property owners who are concerned about the possibility of adverse possession with guidance on their options.
Source: FindLaw, “Michigan Adverse Possession Laws,” Accessed March 19, 2015
