What is Adverse Possession Law in Michigan?
Full Question:
Answer:
Adverse possession is a means by which someone may acquire title to the land of another through certain acts over a defined period of time. Such acts must continue uninterrupted for the time period defined by state laws, which vary by state. For example, in Michigan, the duration of such possession is five (5) years if the claimant has color of title by a court deed, ten (10) years if the claimant has color of title by a tax deed, and fifteen (15) years in all other cases.
Payment of taxes alone isn't sufficient to claim a property by adverse possession. In general, the acts of possession must be overt, hostile, exclusive, uninterrupted, and under a claim of right, etc., so as to give the owner or others claiming entitlement to possession notice and an opportunity to counter the adverse possession. Payment of real property taxes and making improvements (such as paving or fencing) for the statutory period, which varies by state, are evidence of adverse possession but cannot be used by a person with no claim to title other than possession.
Certain public property is not subject to adverse possession. Some states require that the possession be "under color of title," or that the person must believe that he has the right to possess it and has some form of document or is relying on some fact that while not actually conveying title, appears to do so. In addition, many states require concurrent the payment of property taxes for a specified period of time, and a few states also require that improvements be made upon the land. Eventually, the possessor is required to file for title with the county recorder. The actual owner then has a limited amount of time in which to challenge the newcomer's title. Essentially, the owner's only argument is to claim some sort of disability; such as age, mental instability, or imprisonment. The owner is not required to do much in order to stop the possessor from acquiring title; merely sending the possessor a note granting permission to be there will usually suffice. Various rules exist regarding the continuousness of the possession and the ability to "tack" various periods of possession together in order to satisfy the time of possession requirement.
Please see the following MI statutes:
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.