How To Prove A Michigan Adverse Possession Defense
In Michigan, a defense of Adverse Possession is defined as:
Adverse Possession enables a person in continuous and active possession of a property under the ownership of another party to acquire valid title to land.
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 defense:
- Element 1. The plaintiff demonstrated clear and cogent proof of actual possession. The plaintiff showed strong and convincing evidence that they were openly using and controlling the property in question, which is a key requirement for claiming ownership through adverse possession.
Facts that might support this element look like:
* The plaintiff maintained a fence along the disputed property line for over ten years, clearly demarcating their claimed territory.
* The plaintiff regularly mowed the lawn and landscaped the area, demonstrating consistent and exclusive use of the property.
* The plaintiff paid property taxes on the disputed land for the last five years, indicating a claim of ownership.
* Neighbors observed the plaintiff using the property for gardening and recreational activities, reinforcing their possession.
* The plaintiff installed a shed on the property, further asserting their control and possession over the land. - Element 2. The plaintiff maintained continuous possession. The plaintiff consistently used and occupied the property without interruption, showing that they treated it as their own, which is a key requirement for claiming ownership through adverse possession.
Facts that might support this element look like:
* The plaintiff has occupied the property openly and notoriously for over 15 years without interruption.
* Neighbors have consistently recognized the plaintiff as the owner of the property during this time.
* The plaintiff has made significant improvements to the property, including landscaping and building a fence.
* The plaintiff has paid property taxes on the land for the last decade, demonstrating a claim of ownership.
* The plaintiff’s use of the property has been exclusive, with no permission granted to others for access or use. - Element 3. The possession was open. “The possession was open” means that the person using the property did so in a way that was visible and obvious 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.
* Neighbors frequently observed the claimant using the property for recreational activities, such as picnics and family gatherings.
* The claimant openly stored personal belongings, including tools and equipment, in a shed located on the property. - Element 4. The possession was notorious. “The possession was notorious” means that the person using the land did so openly and visibly, making it clear to everyone that they were treating the property as their own, which is an important part of claiming ownership through adverse possession.
Facts that might support this element look like:
* The property was openly maintained with a visible fence and landscaping, clearly indicating possession to the public.
* Neighbors frequently observed the claimant using the property for gardening and recreational activities over several years.
* The claimant hosted community events on the property, drawing attention and participation from local residents.
* The property was regularly improved with structures and features that were apparent to anyone passing by.
* The claimant paid property taxes on the land for over a decade, demonstrating a commitment to ownership. - Element 5. The plaintiff maintained exclusive possession. The plaintiff must show that they have been the only person using and controlling the property, without sharing it with others, to support their claim for adverse possession.
Facts that might support this element look like:
* The plaintiff has continuously occupied the property for over 15 years without interruption or permission from the original owner.
* The plaintiff has made significant improvements to the property, including landscaping and building a fence, demonstrating their exclusive use.
* Neighbors have consistently recognized the plaintiff as the owner of the property, further supporting their claim of exclusive possession.
* The plaintiff has paid property taxes on the land for the duration of their occupancy, reinforcing their claim of ownership.
* The original owner has not entered the property or asserted any rights over it during the entire period of the plaintiff’s possession. - Element 6. The possession was hostile. “The possession was hostile” means that the person using the property 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 consistently observed the possessor treating the property as if it were theirs, without any objection from the true owner.
* The possessor paid property taxes on the land for several consecutive years, further asserting their claim.
* The true owner was aware of the possession but took no action to reclaim the property during the statutory period. - Element 7. The possession remained uninterrupted for 15 years. For someone to claim ownership of a property through adverse possession, they must have continuously and openly used the property for at least 15 years without the owner’s permission, showing that they treated it as their own.
Facts that might support this element look like:
* The claimant has continuously occupied the property since 2008 without any interruption or challenge from the original owner.
* The claimant has maintained the property, including regular landscaping and repairs, demonstrating a consistent presence over the past 15 years.
* Neighbors have observed the claimant residing on the property and have recognized their ownership for over a decade.
* The claimant has paid property taxes on the land for the last 15 years, further asserting their claim of ownership.
* There have been no legal actions or disputes regarding the property during the entire 15-year period of possession.
(See Yelverton v Steele, 40 Mich 538, 542 (1879). Vanden Berg v De Vries, 220 Mich 484, 486. 190 NW 226 (1922).)
If you’re in court without a lawyer and plan to assert a Defense of Adverse Possession, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical 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 effectively navigate your legal journey.
Prove Your MI Adverse Possession Defense
U.S. Civil Cases Only