how to claim squatters rights in michigan

Daniel Parker

3 min read

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05-02-2025

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How to Claim Squatters' Rights in Michigan: A Comprehensive Guide

Note: The term "squatters' rights" is a common misnomer. In Michigan, and most of the United States, there's no legal mechanism called "squatters' rights" that allows someone to claim ownership of property simply by occupying it. The legal concept that might apply in very limited circumstances is adverse possession. This article explores the requirements of adverse possession in Michigan, not "squatters' rights." It's crucial to consult with a qualified Michigan attorney before attempting to claim property through adverse possession.

Understanding Adverse Possession in Michigan

Adverse possession is a legal doctrine that allows someone to claim ownership of land if they've openly, notoriously, exclusively, continuously, and hostilely occupied it for a specific period (15 years in Michigan) under a claim of right. This is a complex legal process with stringent requirements. It's not a shortcut to land ownership.

The Five Elements of Adverse Possession in Michigan

To successfully claim property through adverse possession in Michigan, all five of these elements must be proven:

1. Actual Possession: You must physically occupy the property. This goes beyond simply visiting; it means living on the land, making improvements, and using it as if you owned it. The extent of possession should be commensurate with the nature of the property.

2. Open and Notorious: Your possession must be visible and obvious to the true owner. The owner should have had a reasonable opportunity to discover the trespass. Secret occupation won't qualify.

3. Exclusive Possession: Your possession cannot be shared with the true owner or anyone else claiming ownership. The occupation must be solely yours.

4. Continuous Possession: This doesn't mean uninterrupted. Temporary absences are acceptable, as long as the overall possession maintains its continuous nature. Think of seasonal use of a cabin, for example. The key is consistent use reflecting ownership. The 15-year period must be uninterrupted in its entirety.

5. Hostile Possession: This doesn't necessarily mean antagonistic. It means possessing the property without the owner's permission. You must occupy the land under a claim of right, believing it to be yours. This could be a mistaken belief, but it can't be knowingly permissive occupation.

What Doesn't Qualify as Adverse Possession

Several actions do not meet the requirements for adverse possession in Michigan:

• Trespassing: Simply entering property without permission is not adverse possession.
• Permissive Use: If the owner allowed you to use the property, even informally, it's not hostile possession.
• Short-Term Occupancy: Fifteen years of continuous and uninterrupted possession is required.
• Secret Occupancy: Your possession must be open and notorious.
• Shared Occupancy: Possession must be exclusive.

Gathering Evidence for an Adverse Possession Claim

Successfully claiming property through adverse possession requires substantial evidence. This typically includes:

• Photographs: Documenting the property's use over time.
• Tax Records: Showing payment of property taxes (though not always required).
• Witness Testimony: From individuals who observed your possession of the property.
• Improvements: Evidence of improvements made to the property (e.g., building structures, cultivating land).
• Surveys and Deeds: Demonstrating the extent of the property you claim to possess.

The Legal Process

Attempting to claim land through adverse possession is a complex legal matter. You'll likely need the assistance of an experienced real estate attorney in Michigan. The process often involves filing a quiet title action in court to establish your claim legally. The true owner will have the opportunity to defend their claim. The court will ultimately decide.

Conclusion

Claiming property through adverse possession in Michigan is difficult and requires strict adherence to legal requirements. While there is no such thing as "squatters' rights," the concept of adverse possession exists under very specific conditions. Consulting with a knowledgeable Michigan attorney is crucial before attempting this complex legal maneuver. Don't attempt this without professional legal advice.