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Adverse Possession? Payton Place pickle

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caapo

Junior Member
From Michigan:

Hello all. Its difficult to begin this question without a slight bit of background so those who read do not look upon our situation as the proverbial "low life's". I assure you finding and responding with a good legal answer will be challenging. If nothing else perhaps good entertainment. We are hoping though that this in it's entirety will be read and at least considered as serious. Thanks in advance.

Approximately 5 years ago I worked for a fella (living in the UPee of Michigan). I worked for him for 2 years. 8 hours a day plus we road tripped to and from many jobs. He was an electrician... sadly now an electrician/drunk. He purchased a party store (which if not for the skill of his son [good kid] would have long shut down in his care) and a bar (no failing due to lack of responsibility on his part and poor management) but before those purchases (5 years ago) he was sober for 10 years.

I met him thru a mutual friend< poor choice of words yet, this friend told P' (bar and store electrician/drunk) that I was the man to bail him out of his troubles of the day eventually finding out a failing electrical biz. True enough. It happened and only because I did the work of two guys everyday. I made 8 bucks an hour. In the city it's usually 20 plus per hour. The first day I worked for him I didn't charge him a dime (just being neighborly and helping the man out who asked) and at that time I had a wife and 4 little ones. The next day he came by and asked if I would like a full time job and so I accepted as I was new to the area and it seemed that I could learn a lot and squeek by while feeding the family.

As I say for that time he was not drinking but about a year later he became sick. He was apparently anorexic and problems developed which no one in this area could seem to fix. My son (wife and 3 little ones moved back to the big city by now - internet love affair) and I made appointments for him in Detroit at a famous holistic treatment center and the result was great over time. We cooked for him all his necessary meals prescribed 3 times a day and while he was sick I ran the biz - not even a legal apprentice. His biz was down the tubes if I had not stepped up to the plate. I know the labor force here in this area. Not bragging... just supplying data.

However, prior to this episode my son and I lived in an apartment complex almost too small for one person let alone two. While there the owner inticed my son and I to do some improvements around the property - with promises dangling. P' said the person was honorable and that we would have no worries in any dealings with so and so. Thinking "small town" P's approval of the relationship with this owner was good enough for us. We did a lot of remodeling and re-wiring and inlaid ice-melt in a poured patio we built on my off time working with P (the electrcian). Ending in never getting paid a dime nor one promise honored. Yet, my rent was cash handed over the day of its due like clockwork every month. Ok lesson learned. Move on.

P' stated that he felt bad about this. Yeah well. (even his son who lives next door to us admits he is a liar) After this fiasco and prior to the above mentioned onset of illness we had a job on Mackinaw Island that was a huge mansion with a deadline meaning we would bust tail all week here in town leave early friday - drive 6 hours... hop a boat and be up by 7am (sleeping at the construction site on the floor) and put in 16 hours Saturday and another 10 on Sunday. Then hop the boat grab a bite to eat and head back to meet the following days tasks. Many trips out there 5 maybe 6. P' had never made as much loot as he made with 8 dollar man.

Just before we finish this monster mansion as mentioned he took ill. So more pressure was on the 8 dollar man. This mansion had 2 service panels which I wired and an inspector coming from Lansing MI. The inspector came took one look at the interior panels and that was that... pass'd the final without even looking around any further. This meant pay day for P'. This was the quality of work 8 dollar man did. This was one reason P' attempted to eventually show his appreciation as the bill was 30K plus for 5 or 6 weekends - I thought anyway.

And as mentioned above down to the big city 10 hours away we went to find answers. He (P') was impressed and hopeful he would be well again. At one time I thought we were pretty tight - as in good friends. It sometimes happens when you spend hundreds of hours with one person. Which one day he told me if he was to ever think about getting married to please shoot him. Months later he did just that. T'was a promise I could not keep.

To wrap things up a bit... back when we were living in that apartment complex which was about 10 months or so into my first year with P', his mom passed away. He was so busted up about it that he could not set foot in her house. It had to be cleaned and emptied of it contents and my son and I were asked to please do this. So, we did after work of course and found good homes for her belongings and certain things saved for family menbers, boxing and packing things etc.. its a chore as surely some of you know. No biggie though we were glad to have been there to help. After we had finished things manifested at the place we were previously renting and P' suggested we simply live in his ma's house. "Pay the bills and live here as long as you like." This was his first offer. 8 dollar man had to take that offer so my son and I could eat chicken on Sunday.

During one of the trips to Machinaw Island we missed the last boat out and stayed on the main land. That evening we had dinner together... P's son, myself and P'. At the table he said to his son - because things were going so well for him... "You can stay in that house until the day I die - that house is yours. What happens to it after I'm gone is between you and my son" Surely his son agreed (and did) because I am the best neighbor you want to have. Till up gardens... plow your snow all year for nothin... fix broken things you can't get to. Yeah I'm a sucker some would say. But I like helping out if I can and all ya gotta do is ask. All the neighbors on this block are much more open and giving then before I showed up. Someone always has to be the glue I guess - this time around it looks like it's my turn.

Lastly, after he got sick and was nursed back to health by my iron chef son and the efforts of the Doc' 10 hours away. Literally going from not being able to walk upright to actually strapping on a tool belt again - while as I mentioned I had to keep the bizz ball rolling.... He again said to us that "this place was ours".

So, its value is about 35 K. We have replaced 8 windows and updated the upstairs and various improvements and maintenance over the 6 years we have been here now. We have paid all the bills at one time they were in our name but he put his name on the gas bill acouple of years ago when we went downstate for a couple of months and a bill was forgotten to be paid. Other than that we still get the bill even though in his name and pay it on time along with everything else.

Now here's the rub... he got married. Moved above the bar he is letting fall to **** - lives like a pig (lies to everyone that he is a nam' vet which bugs hell out of me) and his wife who he turned into a pig like himself so as to possess her, is a dope fiend - steals from the bar and they have a kid too. She has been nothing but trouble for him there and the result is all of a sudden we are told we have to leave this house by July 15th up coming or expect him and his wayward family to be moving in with us! CAN HE SIMPLY DO SUCH A THING? This is his current threat and as a result we are physically effected by the shock of it.

Something is terribly wrong with this but my son and I do not know what to do. We are working toward opening a scooter shop in town (our first opportunity to make a positive impact in this community) yet, strapped for cash big time and have a house across the road we purchased as disposal property (2 years ago - we have thus far revamp'd the structure only and put a new roof on) that is not yet habitable although our intention was to finish it an actually move in by next summer or fall provided the scooters came in May which they will not now because they are so back ordered that the earliest delivery will be end of July. Basically we have no money to move and would - as mentioned this was the plan anyway - yet he (my good friend P' who is basically alive because of the care and concern of us (not bragging) has forgotten everything apparently. Too much booze apparently.

Sorry for the long story but as mentioned I felt some background is in order.

I wish to thank anyone and everyone that can add some understanding or knowledge to our strange situation. I really need to do something as this can get real ugly really quick. My pop was a patent lawyer but is no longer with us and surely he would have come up with a solution. I wish he were here but at the same time I know he is not the only sharp legal mind out there.

Truly looking forward to hear one if not more than one sharp mind. Please consider all involved. I want to do the right thing. I don't want to be a prick yet, it may come to that. I know... to completely avoid all that simply step away from the house. I understand. Yet, as I say we financially cannot do this in the time frame we are forced.

Sincerely,
D'
 
Last edited:


caapo

Junior Member
Yes indeed the question is what do we do... he's claiming to be moving in on the 15th of July. Can he simply do such a thing? Do we have a leg to stand upon. I really don't know what to ask other then the above first.

Thanks and apologies for the "novel"
D'
 

justalayman

Senior Member
as a tenant he must evict you but the question would be, what are your rights to possess the entire house rather than a portion of it.

By his actions, I would suggest you could argue you are entitled to exclusive use of the house but without a written contract, proving it is going to be tough.

Look for a rental advocate or some govrenment office in your area that deals with rental situations and try for answers there.
 

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