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title by acquiescence in Michigan

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reddog

Junior Member
We purchased a home in upper Michigan and in the first year a neighbor "trespassed" 6ft to 8ft on to our property and cut down a row (8 altogether) of 30 year old cedar trees. We tried to settle with her but she would not pay so we contacted an attorney. Now after 2 years it is finally going to court. Our neigbor's house has been vacant the entire time we have lived there but our attorney tells us that she is claiming "title by acquiescence" as 2 previous owners before her used the trees as a border along with the occupants from our house back in the 60's. However the person we purchased the home from used our entire property the entire 7 years she lived there before we purchased it. Our attorney says the judge will likely take the entire amount from us as there were pictures in the 60's with a fence in the same place. What good is the survey then? And how do we protect ourselves? We went to the title company and they say they don't cover boundary disputes. And according to our attorney, title of acquiescence takes precedence over a survey even. How would someone like us ever know we don't actually own what our mortgage shows we own? We are shocked by this law. I suppose we could sue the lady we purchased it from but it was also not known by her. It's not her fault either. She believed it was hers for the same reason we believe it is ours. Can anyone help us? Thankyou for any replies.
 


seniorjudge

Senior Member
reddog said:
We purchased a home in upper Michigan and in the first year a neighbor "trespassed" 6ft to 8ft on to our property and cut down a row (8 altogether) of 30 year old cedar trees. We tried to settle with her but she would not pay so we contacted an attorney. Now after 2 years it is finally going to court. Our neigbor's house has been vacant the entire time we have lived there but our attorney tells us that she is claiming "title by acquiescence" as 2 previous owners before her used the trees as a border along with the occupants from our house back in the 60's. However the person we purchased the home from used our entire property the entire 7 years she lived there before we purchased it. Our attorney says the judge will likely take the entire amount from us as there were pictures in the 60's with a fence in the same place. What good is the survey then? And how do we protect ourselves? We went to the title company and they say they don't cover boundary disputes. And according to our attorney, title of acquiescence takes precedence over a survey even. How would someone like us ever know we don't actually own what our mortgage shows we own? We are shocked by this law. I suppose we could sue the lady we purchased it from but it was also not known by her. It's not her fault either. She believed it was hers for the same reason we believe it is ours. Can anyone help us? Thankyou for any replies.

Did the neighbor or the people who owned the property before have any claim to that part? Also, did the neighbor pay taxes on that part or did you all pay the taxes?

Adverse possession cases are fact specific, meaning the court has to look at tons of facts.

Discuss this with your lawyer.
 

eugene44

Junior Member
Interested

Hello From Virginia,

First I apologize that I am not able to help w/ the matter as I am in a predicament that could ultimately be similar and I am interested in the advise you receive the disposition of this matter......"I feel your pain"

If you would let me know what kinda' feedback you get and, even if not I certainly wish you well on this matter.
 

justalayman

Senior Member
eugene44 said:
Hello From Virginia,

First I apologize that I am not able to help w/ the matter as I am in a predicament that could ultimately be similar and I am interested in the advise you receive the disposition of this matter......"I feel your pain"

If you would let me know what kinda' feedback you get and, even if not I certainly wish you well on this matter.
Hi Eugene, If you start your own thread, the posters will give you advice specific to your situation. As well, you can keep coming back and check on this thread as long as y'all want.
 

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