MICHIGAN
BACKGROUND
In 1973 An adjacent Owner A gave land as a gift to Owner B. Owner B wanted to build a commercial building but did not satisfy the parking/setback requirements. Owner B went to the Zoning Board of Appeals and was approved the right to build the building as Owner A stipulated in the record that Owner A gave permission to Owner B to utilize Owner A's property to satisfy setback/parking requirements (License/ Not Perpetual?). The Zoning Board Approved the construction. The building was built and paving, lighting (Powered from Owner B Building), curbing, sidewalk and other improvements were completed as per the approved site plans.
In 2005 Owner B sold the property to New Owner C. Things continued just as they had from 1973 with Owners B/C paying for plowing, seal coating, electrical, etc on Owner A's property.
The property was freely traversed by both owners as well as the general public.
In 2014 Owner A sold the property to New Owner D. New Owner D is demanding New Owner C purchase this property at an inflated price point or lose use to it.
New Owner C is inquiring if they have an Argument for Prescriptive Easement, understanding that Michigan has a 15 year time frame which would only be applicable to the previous owner of the property but never filed?
If they cannot prevail in a Prescriptive Easement, would New Owner C have a right against Owner B or a claim against Title as they were under the impression they had right of use even though they did not own the land?
BACKGROUND
In 1973 An adjacent Owner A gave land as a gift to Owner B. Owner B wanted to build a commercial building but did not satisfy the parking/setback requirements. Owner B went to the Zoning Board of Appeals and was approved the right to build the building as Owner A stipulated in the record that Owner A gave permission to Owner B to utilize Owner A's property to satisfy setback/parking requirements (License/ Not Perpetual?). The Zoning Board Approved the construction. The building was built and paving, lighting (Powered from Owner B Building), curbing, sidewalk and other improvements were completed as per the approved site plans.
In 2005 Owner B sold the property to New Owner C. Things continued just as they had from 1973 with Owners B/C paying for plowing, seal coating, electrical, etc on Owner A's property.
The property was freely traversed by both owners as well as the general public.
In 2014 Owner A sold the property to New Owner D. New Owner D is demanding New Owner C purchase this property at an inflated price point or lose use to it.
New Owner C is inquiring if they have an Argument for Prescriptive Easement, understanding that Michigan has a 15 year time frame which would only be applicable to the previous owner of the property but never filed?
If they cannot prevail in a Prescriptive Easement, would New Owner C have a right against Owner B or a claim against Title as they were under the impression they had right of use even though they did not own the land?