Full question:
we are considering buying a foreclosed home on 4 lots. Approx 5'x10' of the 4000 sq ft home was built on an ajacent lot. The house is 14 years old, the builder took approx 5 years to build, we have a copy of the Notice of Commencement that is dated May 12, 1990 and filed with the state REG. OF DEEDS on May 23, 1990. If we purchase the property, can adverse possission claimed under color of title be done and won? What is involved to do this?
- Category: Real Property
- Subcategory: Adverse Possession
- Date:
- State: Michigan
Answer:
Adverse possession allows someone to acquire title to another person's land through specific actions over a defined period. The requirements for adverse possession vary by state. In Michigan, for instance, the duration of possession is:
- Five years if the claimant has color of title by a court deed.
- Ten years if the claimant has color of title by a tax deed.
- Fifteen years for all other cases.
Simply paying taxes isn't enough to claim property through adverse possession. The possession must be:
- Overt
- Hostile
- Exclusive
- Uninterrupted
- Under a claim of right
These actions must give the actual owner notice and a chance to contest the claim. Payment of property taxes and making improvements (like paving or fencing) can support a claim but are not sufficient if the person has no title claim other than possession.
Some public properties are not subject to adverse possession. Many states require possession to be 'under color of title,' meaning the person must believe they have the right to possess it, supported by some document or fact that appears to convey title. Additionally, some states require concurrent payment of property taxes and improvements made on the land.
Eventually, the possessor must file for title with the county recorder, and the actual owner has a limited time to challenge this claim. The owner's only defense is to assert some disability, such as age or mental incapacity. Simply sending a note granting permission to stay can stop the adverse possession claim. There are also rules regarding continuous possession and the ability to combine periods of possession to meet the time requirement.
For Michigan statutes, see: 600.5801 Limitation on actions; time periods; defendant claiming title under deed, court-ordered sale, tax deed, or will; other cases.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.