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It means someone who does not own the property believes they have used the property according to the requirements of state law and are asking a court to give them ownership of the (or portion of) property that they are claiming.
It's almost impossible to prove an Adverse Possession claim, especially if a real owner objects at court. Then it's almost 100% guaranteed to be simply thrown out.
I've been through it in Northern Michigan. The courts won't go against an owner, even if he goes beyond the legal drop-dead date to object. In Michigan it takes 15 years, any possession MUST be "Open and Notorious", (meaning everybody knows you are a squatter) and MUST be known by the legal owner.
In other words, if you are the squatter, you'd basically have to just about fence in the property, have exclusive use of it for 15 years, (bar the real owner from access) AND make sure that the owner(s) KNOW you are doing this, prove that at court, and said legal owners never, ever do anything to object to that squatters possession.
It's almost impossible to prove an Adverse Possession claim, especially if a real owner objects at court. Then it's almost 100% guaranteed to be simply thrown out.
I've been through it in Northern Michigan. The courts won't go against an owner, even if he goes beyond the legal drop-dead date to object. In Michigan it takes 15 years, any possession MUST be "Open and Notorious", (meaning everybody knows you are a squatter) and MUST be known by the legal owner.
In other words, if you are the squatter, you'd basically have to just about fence in the property, have exclusive use of it for 15 years, (bar the real owner from access) AND make sure that the owner(s) KNOW you are doing this, prove that at court, and said legal owners never, ever do anything to object to that squatters possession.
You are absolutely correct, but that is not the issue. This is a cloud on the title. While the likelihood of success is near zero, if you lose for some reason, the consequence is a total disaster. While you, the homeowner, may be willing to roll a dice, a prospective buyer or its bank is not likely to take the chance with their money - they will just move on to the next house. This claim ought to be addressed asap, when there is no pressure to sell immediately.
ITGUru, there are some stories I have read on hear over time about adverse possession nightmares. At least one a guy who seldom visited his large lot, just assuming all would be okay when he got ready to build on it. When that time happened he found a neighbor had been using it openly (to other neighbors) as his. Somehow he got is approved by a judge as his. I believe this one the guy was a lawyer and known for some crooked behavior.
At any rate, adverse possession laws can differ from one state to another.
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