How can I claim abandoned real estate through adverse possession?

Full question:

How do I claim abandoned real estate?

• Category: Abandoned Property
• Date: 04/07/2025
• State: Michigan

Answer:

In general, real property cannot be abandoned. An owner can lose title only through a legal process called adverse possession. This allows someone to acquire title to another person's land by meeting specific requirements over a defined period, which varies by state.

To claim adverse possession, the possession must be:

• Overt: Obvious to others.
• Hostile: Without permission from the original owner.
• Exclusive: Not shared with others.
• Uninterrupted: Continuous for the required time.
• Under a claim of right: The claimant must act as if they own the property.

These actions must give the original owner or others notice and a chance to contest the claim. Evidence of adverse possession can include paying property taxes and making improvements, like paving or fencing. However, a person who possesses the land without any legitimate claim cannot simply take it through adverse possession.

Those who wish to challenge an adverse possession claim can file an action to quiet title. Adverse possession claims can be contentious, and state laws govern the specific requirements. For instance, in Michigan, the duration for adverse possession is five years with color of title from a court deed, ten years with a tax deed, and fifteen years in other cases.