Adverse Possession in MI

[Michigan727]

What is the name of your state? Michigan

A new neighbor recently moved in next door and wants me to move my driveway/property line. My family has maintained and used the area of land for the last 57 years. The line, according to surveys is 5 feet in my direction meaning part of my drive is on their property, according to those surveys. Since I have maintained the land in question do I need to move my driveway and give up the property or is the land mine to keep. What do I need to do to keep this property.

As a side question, water from my yard drains into theirs and they are upset abou that. I don't think this is my problem but they are also demanding that I fix/re-landscape my yard to prevent this from happening?

I appreciate good insight and advice. Thank you.

[seniorjudge]

Originally Posted by Michigan727

What is the name of your state? Michigan

A new neighbor recently moved in next door and wants me to move my driveway/property line. My family has maintained and used the area of land for the last 57 years. The line, according to surveys is 5 feet in my direction meaning part of my drive is on their property, according to those surveys. Since I have maintained the land in question do I need to move my driveway and give up the property or is the land mine to keep. What do I need to do to keep this property.

As a side question, water from my yard drains into theirs and they are upset abou that. I don't think this is my problem but they are also demanding that I fix/re-landscape my yard to prevent this from happening?

I appreciate good insight and advice. Thank you.

First, get a survey and a title report. Then carry all that to a real estate lawyer in your area.

The water (depending on the severity of the flow) could be a problem since that would mean you were trespassing.

[chrisy]

It's not belong to your land, you should give back your neighbor's land.

[FarmerJ]

Your city /county govt centers zoning offices might have information regarding drainage problems from one property to another. See what they have to say. In some places there are ordinances that bar property owners from making any changes that cause water to deliberately flow onto anothers property. If you have made no changes that force water to drain to the nbrs and there is no ord requiring you to make corrections and its just a matter of your property being slightly higher up than the nbrs then keep a copy of the ord for your self and give them a copy in certified mail.

[reddog]

We are in the process of losing a similar case in Michigan. Our neighbor didn't have the necessary proof to claim adverse possesion but was able to claim "title by acquiesence". All you need to be able to prove is that you and your former neighbor or neighbors over a period of 15 years "agreed" on the boundary and basically you can take it from them. Our neighbor just did it to us and Michigan is one of the states that allows it to happen quite easily. You don't even need to go to court. Let your neighbor take you to court to PROVE it was never agreed on. Just sit back and watch their attorney fees pile up and then the judge will legally award you the property. Take it from someone who learned the hard way.

[Michigan727]

Thank you for the information.

Title by acquiesence may seem to work in our favor.

As for the drainage problem, our land was built up due to bringing our septic system up to code. it just happens that it drains into the road and into their property.

Also, we have been receiving calls from our neighbors. I have tried to remain cool but now they are threatening to bring in a bulldozer to move my driveway to where they think the line is. Is this scare tactic, harrassment?

Worried,

Michigan727

[reddog]

In the first response to you, the emailer advised you to get a survey and take it to a real estate attorney. We did that very thing but Michigan still recognizes "squatters rights". That takes precendence over a survey. And the title company told us they will not get involved and it is in the fine print that they NEVER cover boundary disputes. Believe me, we have learned a lot in the last year and have spent a ton of money. You will likely have no problem.

[jenniexb]

Originally Posted by reddog

We are in the process of losing a similar case in Michigan. Our neighbor didn't have the necessary proof to claim adverse possesion but was able to claim "title by acquiesence". All you need to be able to prove is that you and your former neighbor or neighbors over a period of 15 years "agreed" on the boundary and basically you can take it from them. Our neighbor just did it to us and Michigan is one of the states that allows it to happen quite easily. You don't even need to go to court. Let your neighbor take you to court to PROVE it was never agreed on. Just sit back and watch their attorney fees pile up and then the judge will legally award you the property. Take it from someone who learned the hard way.

How can a person get title to your property in michigan without going to court whether they prove adverse possession? What are the steps they take?

[jenniexb]

[quote=jenniexb;2058553]How can a person get title to your property in michigan without going to court whether they prove adverse possession? What are the steps they take? Sorry but I don't understand./QUOTE]