How To Prove A Michigan Adverse Possession Claim
In Michigan, a claim of Adverse Possession is defined as:
The doctrine that enables a person in open, continuous and active possession of a property, under the ownership of another party, to acquire valid title to land after a defined amount of time has passed.
It simply means:
A party can acquire property that isn’t legally theirs, without paying, if they have openly occupied for a certain length of time.
There are 7 elements of the claim:
- Element 1. The plaintiff established actual possession. The plaintiff showed they were physically using and controlling the property, like living there or maintaining it, which is a key requirement to claim ownership through adverse possession.
Facts that might support this element look like:
* The plaintiff has continuously maintained a garden on the disputed property for over ten years, demonstrating exclusive use and control.
* The plaintiff has erected a fence around the property, clearly marking the boundaries and asserting possession.
* Neighbors have observed the plaintiff regularly mowing the lawn and performing maintenance on the property for several years.
* The plaintiff has paid property taxes on the disputed land, further indicating a claim of ownership.
* The plaintiff has openly used the property for recreational activities, such as hosting family gatherings, without objection from the true owner. - Element 2. The possession was continuous. “Continuous possession” means that the person claiming ownership has used and occupied the property regularly and without interruption for a certain period, showing they treat it as their own, rather than just visiting occasionally or using it sporadically.
Facts that might support this element look like:
* The claimant has maintained an unbroken presence on the property for over 15 years, regularly using it for personal activities.
* The claimant has consistently paid property taxes on the land for the last decade, demonstrating a commitment to ownership.
* The claimant has made significant improvements to the property, including building a fence and landscaping, which have been maintained continuously.
* Neighbors have observed the claimant using the property without interruption, reinforcing the notion of continuous possession.
* The claimant has openly occupied the property, allowing friends and family to visit, which has been evident over the years. - Element 3. The possession was open. “The possession was open” means that the person claiming the property used it in a way that was obvious and visible to others, showing that they were treating it as their own, rather than hiding their use or keeping it secret.
Facts that might support this element look like:
* The claimant maintained a visible garden on the property, clearly indicating their use and possession to any observer.
* The property was regularly mowed and maintained by the claimant, demonstrating their ongoing presence and control over the land.
* The claimant installed a fence around the property, which was easily seen by neighbors and passersby, marking the boundaries of their possession.
* Neighbors frequently observed the claimant using the property for recreational activities, such as picnics and family gatherings, without any objection.
* The claimant’s use of the property included placing personal items, such as furniture and decorations, in plain view, signifying their claim of ownership. - Element 4. The possession was notorious. “The possession was notorious” means that the person claiming ownership through adverse possession openly used the property in a way that was obvious to everyone, making it clear to the original owner and the public that they were treating the land as their own for a significant time.
Facts that might support this element look like:
* The property has been openly maintained as a garden by the possessor for over ten years, with visible landscaping and regular upkeep.
* Neighbors frequently observed the possessor hosting gatherings on the property, further demonstrating their use and control over the land.
* The possessor installed a fence around the property, clearly marking the boundaries and signaling their claim to the land.
* The possessor has consistently paid property taxes on the land for the last fifteen years, indicating a claim of ownership.
* The property has been used for recreational activities, such as picnics and sports, which have been visible to the public for many years. - Element 5. The possession was exclusive. “The possession was exclusive” means that the person claiming adverse possession used the property as if they were the only owner, without sharing it with others, showing clear control and ownership over the land for a certain period.
Facts that might support this element look like:
* The claimant has maintained a fence around the property, clearly marking the boundaries and preventing others from entering.
* The claimant has regularly mowed the lawn and maintained the landscaping, demonstrating control over the property.
* The claimant has paid property taxes on the land for the past ten years, asserting ownership and responsibility.
* The claimant has made significant improvements to the property, such as building a shed and installing a driveway.
* Neighbors have acknowledged the claimant’s exclusive use of the property, with no objections raised over the years. - Element 6. The possession was hostile. “The possession was hostile” means that the person using the land did so without permission from the owner, acting as if they were the rightful owner, which is a key requirement for claiming adverse possession.
Facts that might support this element look like:
* The possessor openly occupied the property without permission from the true owner for over 10 years.
* The possessor made significant improvements to the property, demonstrating an intention to claim it as their own.
* Neighbors and the community recognized the possessor as the owner, further indicating the hostile nature of the possession.
* The true owner did not take any action to evict the possessor during the entire period of occupation.
* The possessor maintained exclusive control over the property, preventing others from using or accessing it. - Element 7. The possession continued uninterrupted for 15 years. To claim ownership of a property through adverse possession, the person must have used and occupied the land continuously for 15 years without interruption, meaning they treated it as their own without the owner’s permission during that entire time.
Facts that might support this element look like:
* The claimant has maintained a garden on the property for the past 15 years without interruption.
* The claimant has consistently paid property taxes on the land for the last 15 years.
* The claimant has made significant improvements to the property, including building a fence and a shed, over the past 15 years.
* Neighbors have recognized the claimant as the owner of the property for the last 15 years.
* The claimant has openly used the property for personal enjoyment and activities for the entire 15-year period.
(See Yelverton v. Steele, 40 Mich. 538 (1879). Vanden Berg v. De Vries, 220 Mich. 484, 190 N.W. 226 (1922).)
If you’re in court without a lawyer and plan to assert a Claim of Adverse Possession, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate this complex legal process effectively.
Prove Your MI Adverse Possession Claim
U.S. Civil Cases Only