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This is a can of worms I would have run away from. Hopefully you got a REALLY excellent deal.
We've bought several houses and pieces of land at tax auction, but we always have a title search done first so we know what we will be in for. There have been several we chose not to bid on because they were too messy.
Bad advice. All a lawyer will do is tell him he is screwed. He needs to make use of the property and let the other people bear the expense of an attorney and a lawsuit. If they don't sue within a reasonable time (usually the 3 year statute of limitations) he is in a much better position. If they do sue, he can offer them a quitclaim deed.
I've never heard of a party legally taking over a property through adverse possession without their having paid the taxes on that property for a period of years (the time which varies in different jurisdictions).
Given that the OP stated that he purchased the property thru a tax lien auction...it would seem likely that no one did pay the taxes, & that they were in arrears.
So while someone else may well have a claim for an easement that they have utilized for some time...
...I suspect they have not fully met the requirements to legally seize the property through adverse possession, since there was an outstanding tax bill.
I agree the OP should seek legal representation. But I also suspect all is not necessarily lost.
Quitclaim deeds are strange. You only get whatever title the seller had, and normally, that would mean that if some other party had rights of adverse possession to part or all of the property, your property rights might be be limited. Then again, if you bought at a tax sale, that might make a difference.
You need to talk to a Michigan attorney experienced in Michigan property law. No oner here is likely to take the time to research your problem.
I'm going to apologize to the poster who said get a lawyer since OP obviously won't - and hasn't been terribly friendly for a new poster IMO.
I didn't mean to ruffle anyones feathers. It just seemed rather obvious that I can contact an attorney in which case the question wouldn't have been posted.
It may be different in Michigan, but Adverse Possession is a pipe dream. It never actually happens, because of the requirements. As BrokerHarry said above, it generally requires payment of taxes on the parcel, in addition to the requirements to prove open and notorious use for the required period of time.
What you might be looking at, however, is a prescriptive easement. However, the easement doesn't exist until it goes before a judge.
Your best course of action at this point is to draw up a license agreement between you and the neighbor who is using the property, and grant them the ability to use the property for the purposes that they currently enjoy, and state that you will give them a minimum of 30 days notice to terminate this agreement. Most of the time, people are happy to sign this agreement, as long as you do it in a friendly manner.
They can't claim an unwritten right to the land if you have granted them a written, revocable right.
Then, go ahead and post no trespassing signs around the property (consult your local laws to determine the required spacing and reference to the code section) to prevent any additional interference.
Then you get into the issue of clearing title to the land, as you have no idea what you have been granted... a quitclaim deed is only as good as the rights that the grantor had at the time of execution. This will take some work to determine, the first step being ordering a title report on the property, and likely consulting with a real estate attorney.
I've never heard of a party legally taking over a property through adverse possession without their having paid the taxes on that property for a period of years (the time which varies in different jurisdictions).
Given that the OP stated that he purchased the property thru a tax lien auction...it would seem likely that no one did pay the taxes, & that they were in arrears.
So while someone else may well have a claim for an easement that they have utilized for some time...
...I suspect they have not fully met the requirements to legally seize the property through adverse possession, since there was an outstanding tax bill.
I agree the OP should seek legal representation. But I also suspect all is not necessarily lost.
The taxes were not paid for the past three years. I became responsible for the current 2015 taxes. There is also no redemption period.
It may be different in Michigan, but Adverse Possession is a pipe dream. It never actually happens, because of the requirements. As BrokerHarry said above, it generally requires payment of taxes on the parcel, in addition to the requirements to prove open and notorious use for the required period of time.
What you might be looking at, however, is a prescriptive easement. However, the easement doesn't exist until it goes before a judge.
Your best course of action at this point is to draw up a license agreement between you and the neighbor who is using the property, and grant them the ability to use the property for the purposes that they currently enjoy, and state that you will give them a minimum of 30 days notice to terminate this agreement. Most of the time, people are happy to sign this agreement, as long as you do it in a friendly manner.
They can't claim an unwritten right to the land if you have granted them a written, revocable right.
Then, go ahead and post no trespassing signs around the property (consult your local laws to determine the required spacing and reference to the code section) to prevent any additional interference.
Then you get into the issue of clearing title to the land, as you have no idea what you have been granted... a quitclaim deed is only as good as the rights that the grantor had at the time of execution. This will take some work to determine, the first step being ordering a title report on the property, and likely consulting with a real estate attorney.
Maybe it's just me, but I think at least part of the above constitutes legal advice.
It may be different in Michigan, but Adverse Possession is a pipe dream. It never actually happens, because of the requirements. As BrokerHarry said above, it generally requires payment of taxes on the parcel, in addition to the requirements to prove open and notorious use for the required period of time.
What you might be looking at, however, is a prescriptive easement. However, the easement doesn't exist until it goes before a judge.
Your best course of action at this point is to draw up a license agreement between you and the neighbor who is using the property, and grant them the ability to use the property for the purposes that they currently enjoy, and state that you will give them a minimum of 30 days notice to terminate this agreement. Most of the time, people are happy to sign this agreement, as long as you do it in a friendly manner.
They can't claim an unwritten right to the land if you have granted them a written, revocable right.
Then, go ahead and post no trespassing signs around the property (consult your local laws to determine the required spacing and reference to the code section) to prevent any additional interference.
Then you get into the issue of clearing title to the land, as you have no idea what you have been granted... a quitclaim deed is only as good as the rights that the grantor had at the time of execution. This will take some work to determine, the first step being ordering a title report on the property, and likely consulting with a real estate attorney.
Thank you Darrett for the information. The property has definitely been used openly for a long period of time.
Do you think offering a year's lease for $1.00 with a 30 day termination notice would offer any protection on my part?
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