Understanding Adverse Possession in Property Law

Most land owners have heard of adverse possession, but this doctrine is quite often misunderstood. This article will explain what adverse possession is and the elements that must be proved by the claimant. If you have concerns about your land or your continued use of land, you should contact a knowledgeable real property attorney to analyze your circumstances.

What is Adverse Possession?

Adverse Possession is a doctrine of title wherein a person can establish title to, or "ownership" of a piece of real estate by using land that is not his to begin with. If the true owner of the land does not (within the statutory period) take action to remove the possessor from the land, then the title will vest in the possessor .

Elements of Adverse Possession in Michigan

In order to establish a claim of adverse possession, a person must prove that their possession of the land was:

1. Actual and Exclusive: The adverse possessor must actually occupy the land and his use is exclusive because he is not sharing it with the public nor can the real owner possess it at the same time
2. Visible: This element is mostly about putting the actual owner of the property on notice.
   
3. Open and Notorious: This element is met when it is the kind of use the true owner would make of the land.
   
4. Hostile: This element is satisfied if the individual is possessing the land without the owner's permission.
5. For the Statutory Period: In Michigan, the possession must be uninterrupted for 15 years.
6. Under a Claim of Right: The claim must be intention, or "under a claim of right."

Chances of Success

A claim against the true owner of land is strictly scrutinized and nearly all presumptions run in favor of the landowner. Ultimately, whether a claim is successful depends on the scenario. These situations are very fact sensitive. As such, you should discuss the facts of your matter with an experienced real property attorney.