Adverse Possession in Michigan Real Property Law

Adverse Possession is a doctrine of title wherein a person can establish title to, or "ownership" of a piece of real estate through a time period of using land that is not his or here to begin with. Whether the facts of a certain scenario amount to enough for a person to make such a claim is the subject of a long history of many court decisions that make up this body of law.

To establish a claim of adverse possession in Michigan, the claimant must offer proof of his or her possession of the land that is ACTUAL, VISIBLE, OPEN, NOTORIOUS, EXCLUSIVE, HOSTILE and UNDER CLAIM OF RIGHT. These terms are capitalized because they form the elements needed to prove such claim. Each of these terms has been treated thoroughly by the Michigan Courts.

In broad and simple description, "visible" "open" and "notorious" fall into the same category to allow that the actual owner of the property will be clearly on notice that the adverse claim is being made. Actual possession must occur. The possession must be exclusive to the claimant, meaning that the real owner cannot possess it at the same time. The possession must be uninterrupted for 15 years in Michigan. The possession must be "hostile" and without the actual owner's permission or tacit acquiescence. Finally, the claim must be intention, or "under a claim of right."

Any claim against the actual land owner will be strictly scrutinized, with all presumptions running in favor of the land owner and not the claimant. Whether or not a claim is successful necessarily depends on the many facts that inhabit each circumstance.

In our service area, many people have used fields, walkways, access points for years and years and may feel a sense of ownership. Many people give permission for years of use for farming, hunting or access. If you have concerns about your land or your continued use of land, you are well served to contact a knowledgeable attorney to analyze your circumstances.