Adverse Possession in Michigan – Can Someone Claim Your Property?

KLAW Blog · March 29

Understanding Adverse Possession in Michigan

Michigan recognizes adverse possession, a legal doctrine allowing someone to acquire ownership of real property they’ve occupied for a specific period, even without a formal title.

The Statute: MCL 600.5801

The relevant statute governing adverse possession is MCL 600.5801 [MCL 600.5801], titled “Limitations of actions – real property.” It establishes time limits for filing legal actions regarding land ownership.

Subsection (4) is crucial, stating a 15-year limitation period “in all other cases under this section.” This implies that to gain title through adverse possession, one must continuously possess the land for fifteen years.

600.5801 Limitation on actions; time periods; defendant claiming title under deed, court-ordered sale, tax deed, or will; other cases.

Sec. 5801.

No person may bring or maintain any action for the recovery or possession of any lands or make any entry upon any lands unless, after the claim or right to make the entry first accrued to himself or to someone through whom he claims, he commences the action or makes the entry within the periods of time prescribed by this section.

(1) When the defendant claims title to the land in question by or through some deed made upon the sale of the premises by an executor, administrator, guardian, or testamentary trustee; or by a sheriff or other proper ministerial officer under the order, judgment, process, or decree of a court or legal tribunal of competent jurisdiction within this state, or by a sheriff upon a mortgage foreclosure sale the period of limitation is 5 years.

(2) When the defendant claims title under some deed made by an officer of this state or of the United States who is authorized to make deeds upon the sale of lands for taxes assessed and levied within this state the period of limitation is 10 years.

(3) When the defendant claims title through a devise in any will, the period of limitation is 15 years after the probate of the will in this state.

(4) In all other cases under this section, the period of limitation is 15 years.

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Elements of Adverse Possession

To successfully claim adverse possession in Michigan, the claimant (squatter) must demonstrate they possessed the property in a way that meets the following criteria:

Actual Possession: This implies actively utilizing the land and regarding it as one’s possession. Infrequent or irregular use would not meet the criteria.
Visible and Open: The possession should be evident to anyone observing the property. Fences, landscaping, or structures built demonstrate this.
Notorious: The possession should be known or readily discoverable by the rightful owner. This doesn’t require the owner’s actual knowledge, but the use should be such that the owner could have discovered it with reasonable diligence.
Exclusive: The possession should prevent others, including the rightful owner, from using the land.
Continuous and Uninterrupted: Possession must be ongoing for the entire 15-year period. Gaps or breaks in possession could weaken the claim.
Hostile: This doesn’t imply animosity towards the true owner. It simply means the possession is adverse to the owner’s rights, suggesting a claim of ownership independent of the owner’s permission.

We’ll Take That From You.

MCL 600.5821 addresses limitations for government entities [MCL 600.5821]. Government entities like municipalities and road commissions are generally not subject to adverse possession claims.

Additionally, the “hostile” element can be tricky. Permission from the true owner, even verbal, can disrupt the claim.

Consulting an attorney is highly recommended to assess the specific facts of a potential adverse possession case.

Potential Issues

Successfully establishing adverse possession allows the claimant to gain legal title to the property.

However, there are potential drawbacks. The process can be lengthy and require significant evidence. Additionally, if the true owner contests the claim, litigation can be costly.

Real Questions from Real Calls

Question: I have been living in a tent for 15 years in a Michigan State Park. Can I claim that property as my own under the adverse possession laws?

Unfortunately, you cannot claim ownership of the land in the Michigan State Park through adverse possession for a few reasons:

Government Immunity: MCL 600.5821 exempts government-owned land from adverse possession claims [MCL 600.5821]. State parks fall under this category, meaning no matter how long you’ve resided there, you can’t acquire ownership through adverse possession.

While you’ve met the time requirement (15 years in Michigan), the other elements likely wouldn’t hold up either.

Permission: Living in a state park typically requires permission, even if it’s just following camping regulations. This suggests you wouldn’t be able to establish “hostile” possession, a crucial element.

Here’s what you can do:

Contact Park Rangers: Explain your situation to the park rangers. They might be able to offer alternative solutions, like designated camping areas or low-cost housing programs.
Seek Legal Advice: An attorney specializing in property law can provide a more nuanced perspective on your situation. There might be other legal avenues to explore, depending on the specifics.

While claiming ownership through adverse possession isn’t possible in this case, there might be other options to consider.

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