Adverse Possession Laws Michigan
If you own property, it’s crucial to be aware of your state’s squatter laws to safeguard your land from adverse possession claims. In Michigan, someone can legally claim ownership of your property through adverse possession after a continuous possession of 15 years.
If you’re a landlord in Michigan, it’s a good idea to get familiar with squatters’ rights in the state. In this article, we’ll break it down for you – what exactly is a squatter, how squatters’ rights work in Michigan, and what you can do to keep your property squatter-free.
So, What’s a Squatter Anyway?
A squatter is someone who sets up shop in a house, building, or land without having the legal green light from the owner. Some of these folks can even end up legally owning the place through a process called adverse possession. It’s like a plot twist in real estate!
Squatter vs. Trespasser Quick note
Squatters and trespassers aren’t one and the same. A trespasser is someone who knowingly enters someone else’s property without a golden ticket of permission. Trespassing is a no-no in the eyes of the law, and the sheriff can give them the boot.
On the flip side, a squatter moves in and acts like they own the joint. Let’s say, for example, there was a tenant who stopped paying rent and refused to move out after getting the boot. That person becomes a squatter. Unlike trespassing, which is a criminal activity, dealing with a squatter is a civil matter, and it’s all about the courts settling the score.
Michigan Adverse Possession Laws
Let’s dive into the nitty-gritty of adverse possession laws in Michigan. This is where squatters can actually become legal property owners without the property owner’s consent. Adverse possession is like the rulebook for someone legally taking over a property. And guess what? Each state has its own set of rules for this stuff.
What’s the Deal in Michigan?
So, if someone wants to protect their property from being claimed by another person through adverse possession in Michigan, they need to understand the rules. Here’s the breakdown:
Continuous Possession: Squatters can’t just crash on a property for a weekend and claim it. Nope, in Michigan, they’ve got to call that place home sweet home for a solid 15 years to even think about making a claim.
Exclusive Possession: Sharing isn’t caring in this case. They need to prove that they’re the sole bosses of the property. No roommates allowed.
Actual Possession: Squatters can’t be hiding in the shadows. Their presence on the property needs to be active and noticeable. Maybe they keep records of their DIY property upkeep to show they’re serious.
Hostile Possession: This isn’t about throwing punches. “Hostile” here means using the land without the owner’s permission, like they’re rebels without a cause. But it can also cover situations where they innocently thought they were in the clear.
Open and Notorious Possession: Squatters can’t be stealthy. Their presence needs to be out there for the world to see. If they’re sneaking around, trying to hide, they can forget about claiming that land through adverse possession.
Color of Title
Color of title is a term you might hear tossed around in property law. It basically means someone’s got a document that looks like it gives them ownership of a property, but in reality, they don’t actually own it, or there’s something seriously wrong with that document. For instance, picture a deed with a bunch of mistakes or one that’s completely invalid. It might make it seem like someone owns the property, but in truth, that deed doesn’t grant them ownership.
Color of title often comes up in cases dealing with adverse possession and property claims because it’s a tool that squatters can use. They wave around this seemingly legit document to make it look like they own the place, and, over time, they might even use it to legally snag the property.
Now, here’s the scoop for Michigan: You don’t need Color of Title for squatters’ rights here, but if you somehow get your hands on it, it could shave the required possession time down to just 10 years.
Squatters Rights in Michigan
Here’s what’s needed for a successful adverse possession claim in Michigan:
- Maintain continuous possession of the property for a minimum of 15 years. However, this timeframe can be reduced to 10 years if there’s evidence of Color of Title.
- While paying property taxes is not mandatory, doing so might make the squatter eligible to receive property title from a tax assessor. This title can serve as Color of Title and also reduce the required possession time to 10 years.
Once these conditions have been satisfied, a squatter can initiate legal proceedings within Michigan’s court system and present their adverse possession claim before a judge.
How to evict squatters?
- Squatters in Michigan have some rights, unlike trespassers.
- Michigan has a unique law (HB 5069/PA 223) allowing landlords to use “self-help” measures to remove squatters.
- Landlords can change locks, cut utilities, and remove squatters’ stuff (no physical force).
- Police can arrest squatters, and landlords have legal options.
- The law doesn’t apply to certain tenants.
- Consult a local attorney for eviction and squatter’s rights knowledge.
Steps to Remove a Squatter in Michigan
- Call the Sheriff
- Can remove squatters, not former tenants.
- Creates a record for future evidence.
- Serve a Notice to Vacate
- Required in the eviction process.
- Can be used if squatter lacks legal claims.
- Initiate Eviction Proceedings
- Follow due process.
- Consult an attorney if needed.
- Involves a court hearing and judge’s decision.
Remember, legal advice is crucial in these situations to protect yourself and your property.
Frequently Asked Questions
How long can Squatters stay?
In Michigan, squatters need to live on a property continuously for a straight 15 years before they can even think about making an adverse possession claim.
Is Squatting on private property or a home illegal?
Even though squatting is technically against the law, squatters in Michigan actually get some legal protection. Most of the time, when it comes to squatter situations, they’re treated as civil issues, not criminal ones.
