QUESTION

Michigan adverse acquisition requires delineation of property line and land use for 15 years. Does that change if owners change.

Asked on Sep 14th, 2019 on Real Estate - Michigan
More details to this question:
We have owned 80 acres for over 50 years. The land was recently quit-claim deeded to an LLC which is owned by the previous land owners. The neighboring land owner had a land survey that claims 32 feet of the 80 acres that we have owned and farmed for over 50 years. Does the LLC deed negate the fact the same persons have owned the land and allow the neighbors to claim the 32 feet of property?
Report Abuse

1 ANSWER

Real Estate Law Attorney serving Holland, MI at Cunningham Dalman
Update Your Profile
First, you should understand that the neighbor's survey showing they own a 32 ft. strip of the 80 acres does not mean they actually have superior title.  In the type of legal description involved, overlaps in descriptions can easily happen.  Second, the occupancy of the 32 ft., along with the rest of the 80 acres, by the same owner for over 50 years would establish adverse possession in that owner.  The recent deed would not destroy that owner's claim.  Third, in boundary situations like this, acquiescence should also be considered.  It has a lower burden of proof than adverse possession and generally softer rules on tacking.  In any boundary dispute, I would plead both and develop the evidence to see which is more applicable.
Answered on Sep 16th, 2019 at 6:14 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters