Neighbor Stole My Land

[baffledinmich]

What is the name of your state (only U.S. law)? Michigan

7 years ago, I inherited a farm with a house and 120 acres. I sold the house on .85 acres and kept the land. A year later, the new neighbor (to whom I sold the house and lot) asked if he could have another 15+ foot perimeter surrounding his lot. We walked it off and discussed it but nothing ever became of it, or so I thought. A few years ago he approached me and said, "It's all taken care of." I never asked him what he meant.

I live 40 miles away and worked full time so I wasn't able to come to the farm regularly. Now, 7 years later, I am retired and am coming more often. I was surprised to see that the neighbor cleared the perimeter of his lot and has been using it as his own. Then I remembered his comment a few years back about "it's all taken care of."

Coincidentally, when I was at the Courthouse, I asked to see the deed on the property and was baffled to see that the boundary line had been xx'd out and a new line drawn on the original deed! The clerk was shocked and said there was probably nothing I could do about it because it not only had my signature on it but it was over 7 years old. The neighbor stole over 1 acre of land. He never paid for it and I certainly never agreed to or signed anything.

Did my neighbor steal my land? Do I no longer own it?
How can the original deed be xx'd out and changed? Is it legal?
What is the statue of limitation on real estate?

[mlane58]

And how did the neighbor do that?

[Kiawah]

Your deed should have the actual surveyor dimensions. Have a surveyor come out and drive metal pipes into the ground to mark the corner pins of your property against the deed.

[drewguy]

If all it takes in Michigan is to X out a deed with a signature on it you should be able to do the same thing.

This is totally baffling, because the deed should describe the land you own, perhaps with a drawing of the boundaries. You can't just go and change the boundaries, either in the description or the drawing, without a new deed and signature. So I suspect you have a strong case that the changes are not legally binding in any way. If you in fact sold him that land you would record a new deed as well as one to him. In terms of a statute of limitations, the argument you would make is that the revised deed is not valid, so that property never conveyed.

If he wants to establish adverse possession over this area, he has two problems, at least, and you have two defenses. First, in Michigan a.p. requires 15 years, not 7. Second, you arguably gave him permission. Or he used the 15 feet with permission. It's not clear that you gave him permission but if the conversation is as you described you could argue that.

[Stevef]

Originally Posted by baffledinmich

What is the name of your state (only U.S. law)? Michigan

7 years ago, I inherited a farm with a house and 120 acres. I sold the house on .85 acres and kept the land. A year later, the new neighbor (to whom I sold the house and lot) asked if he could have another 15+ foot perimeter surrounding his lot. We walked it off and discussed it but nothing ever became of it, or so I thought. A few years ago he approached me and said, "It's all taken care of." I never asked him what he meant.

I live 40 miles away and worked full time so I wasn't able to come to the farm regularly. Now, 7 years later, I am retired and am coming more often. I was surprised to see that the neighbor cleared the perimeter of his lot and has been using it as his own. Then I remembered his comment a few years back about "it's all taken care of."

Coincidentally, when I was at the Courthouse, I asked to see the deed on the property and was baffled to see that the boundary line had been xx'd out and a new line drawn on the original deed! The clerk was shocked and said there was probably nothing I could do about it because it not only had my signature on it but it was over 7 years old. The neighbor stole over 1 acre of land. He never paid for it and I certainly never agreed to or signed anything.

Did my neighbor steal my land? Do I no longer own it?
How can the original deed be xx'd out and changed? Is it legal?
What is the statue of limitation on real estate?

Statute of Limitations for real estate in Michigan ranges from 5 to 15 years.

This is not a do-it-yourself action. You need a lawyer.

Unless**************

You and your neighbor can come to an agreement.

[HomeGuru]

Originally Posted by Stevef

Statute of Limitations for real estate in Michigan ranges from 5 to 15 years.

This is not a do-it-yourself action. You need a lawyer.

Unless**************

You and your neighbor can come to an agreement.

**A: and even then I would recommend legal counsel.