Also referred to as “squatter’s rights,” adverse possession is a legal doctrine allowing an individual to claim ownership of land under certain conditions despite not holding the title.
In Michigan, as in many other states, the claimant must meet specific requirements to establish a valid adverse possession claim. These requirements may include the following.
1. Exclusive and continuous possession
For a Michigan adverse possession claim to be valid, the claimant must demonstrate that their possession of the property is both exclusive and continuous. This means that the claimant must occupy the property without sharing control with others, including the legal owner and must maintain this possession uninterrupted for the 15-year statutory period.
2. Open and notorious possession
The possession must also be open and notorious, such that it is apparent to anyone, including the legal owner and the public, that the claimant is using the property. This requirement helps ensure that the possession is not hidden or secretive but visible and obvious, allowing the legal owner a chance to notice and address the unauthorized use.
3. Exercising control over the property
The claimant must demonstrate actual control of the property by actively using it in a manner consistent with ownership, such as making improvements, maintaining the land or excluding others from using it.
4. Hostile claim
The claimant must also use the property in direct contravention of the legal owner’s rights, meaning the possession is without the owner’s permission and against their interests. The term “hostile” in this context does not imply aggression but rather that the use of the property is without consent and is inconsistent with the owner’s title.
5. Under cover of claim of right
The claimant must possess the property under a claim of right, meaning they believe they have a valid claim to the land. Even if mistaken, the claimant must act as if they are the rightful owner throughout the statutory period.
There are ways to deal with adverse possession, including filing an action to quiet the title, and if you are facing this situation, it is important to take steps to protect your property rights.