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There are other ways a property can be devalued besides adverse possession (which rarely ever happens). If someone has been using the property to get to their own property for a certain number of years they may have the right to continue that use. There may also be recorded easements by utilities or the county for maintenance or use as drainage, etc. Usually the county records these so you should have been able to see them on a survey if you had one done.
If you are planning to build anything on the property you'd want to get a survey before spending another dime to see what you actually own.
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.
This is very good advice. If you give permission, there is no adverse possession. If you don't want to give future permission, tell the trespassor that you have purchased the land and will need him to remove his belongings by a certain date or immediately. Meanwhile, consider all the insurance aspects of having him on the property, and perhaps have a contract drawn up that covers that. But before you go in with guns blazing, it would be reasonable to decide what you want to do and to see if you both can work something out (via a lawyer, if he is going to remain). As far as a quitclaim goes, the guy would need to prove why he thought he owned your property. He would need to claim it in order to quit his claim, wouldn't he.
I received a quick claim deed. I do not have title insurance.
I am looking for general advice. I am well aware I can contact an attorney.
As should be expected, there has been a lot of bad information in this thread. The property in question is in Michigan, so practices in other states are not relevant.
First of all, to avoid any confusion to those who may read this thread, Michigan does not have tax liens which are sold. Properties with delinquent taxes are first forfeited, then the following year they are foreclosed upon with no redemption rights. So...if the OP purchased the property at a tax auction, he purchased the property from either the local County or from the state. (Counties are the primary foreclosing entities, but they can opt out and leave the process to the state.)
The fact that it was conveyed with a Quit Claim Deed is of little significance. It would be more of an issue if the Grantor had been a private party. Tax foreclosure in Michigan wipes out mortgages and most other liens against a property. Notable exceptions are some state liens, e.g. environmental and tax liens, and federal liens--primarily I.R.S. liens. Chances are that the property was conveyed free and clear of any encumbrances...but it's good to check the chain of title to make sure.
As for adverse possession, the possibility is very real in Michigan--and a claimant is not required to have paid taxes on the property--but it is still a relatively rare occurrence. The property needs to have been continuously occupied in an adverse fashion for 15 years. A brief write-up about adverse possession can be found in the following link.
Is this a city lot or a rural parcel? And what is the nature of the neighbor's use of the property? If the neighbor's use of the property doesn't meet the requirements for adverse possession then you have little to worry about. However, you may still want to have a friendly chat with the neighbor to let him know that it's okay for him to continue his use for the time being. Take along a friend as a witness. It would be best to get something in writing, but that may not be possible. Remember, the burden of proof would be on the neighbor.
I do have one suggestion, though--try to sell the lot to the neighbor. Otherwise, establish your own use of the property.
Last edited by jackmichigan; 11-12-2015 at 09:36 PM..
Reason: added info
Actually, it's not. No one here is an attorney. In the slight chance there is an attorney who comments, the chances of them being from your state/county/town are practically nil. The only way to really know what to do is to contact a local real estate attorney. They would know what to do and how to go about it.....not some random people on the internet. Besides, people here could make up all kinds of things and how would you know if we're telling you the truth? What is the law in my area is probably not the law the next county or state over.
As should be expected, there has been a lot of bad information in this thread. The property in question is in Michigan, so practices in other states are not relevant.
First of all, to avoid any confusion to those who may read this thread, Michigan does not have tax liens which are sold. Properties with delinquent taxes are first forfeited, then the following year they are foreclosed upon with no redemption rights. So...if the OP purchased the property at a tax auction, he purchased the property from either the local County or from the state. (Counties are the primary foreclosing entities, but they can opt out and leave the process to the state.)
The fact that it was conveyed with a Quit Claim Deed is of little significance. It would be more of an issue if the Grantor had been a private party. Tax foreclosure in Michigan wipes out mortgages and most other liens against a property. Notable exceptions are some state liens, e.g. environmental and tax liens, and federal liens--primarily I.R.S. liens. Chances are that the property was conveyed free and clear of any encumbrances...but it's good to check the chain of title to make sure.
As for adverse possession, the possibility is very real in Michigan--and a claimant is not required to have paid taxes on the property--but it is still a relatively rare occurrence. The property needs to have been continuously occupied in an adverse fashion for 15 years. A brief write-up about adverse possession can be found in the following link.
Is this a city lot or a rural parcel? And what is the nature of the neighbor's use of the property? If the neighbor's use of the property doesn't meet the requirements for adverse possession then you have little to worry about. However, you may still want to have a friendly chat with the neighbor to let him know that it's okay for him to continue his use for the time being. Take along a friend as a witness. It would be best to get something in writing, but that may not be possible. Remember, the burden of proof would be on the neighbor.
I do have one suggestion, though--try to sell the lot to the neighbor. Otherwise, establish your own use of the property.
Wow, great post.
As far as getting things in writing, if the neighbors aren't cooperative as far as signing an agreement, you could always just send them a letter with delivery confirmation, giving them permission to use the property as they currently are, for the time being. You could start out by saying something like, "It was a pleasure to meet you on such and such date, and I wanted you to have the permission we discussed for you to continue to use the property - in writing. Sincerely, you" :-)
Then, you've got your proof of giving them permission in writing, and they didn't have to sign a thing.
I recently purchased an empty lot which has been used for years (along with other adjacent lots) by another party. I have no immediate use for the land but want to protect myself against adverse possession. What steps do I need to take if any?
You have to assert your rights to the land, demand the person using the land pay for its use.
As far as getting things in writing, if the neighbors aren't cooperative as far as signing an agreement, you could always just send them a letter with delivery confirmation, giving them permission to use the property as they currently are, for the time being. You could start out by saying something like, "It was a pleasure to meet you on such and such date, and I wanted you to have the permission we discussed for you to continue to use the property - in writing. Sincerely, you" :-)
Then, you've got your proof of giving them permission in writing, and they didn't have to sign a thing.
Similarly, a neighbor in my former community had a lawyer draw up something that said this but added stipulations as far stating that this part of his property could be used as an entry to suchandsuch at suchandsuch times (because it wasn't access to a home that needed access all day long) and keeping the property in a certain condition...trees trimmed so as not to disturb his view in a certain area, etc. AND that the agreement could be terminated at his wish if these items were not met and a chain would go up.
The other side was happy to sign. The owner was happy because he had been advised by lawyers that there could be a fight over adverse possession otherwise.
He still has to remind them of the paper (I say paper because it was done in as non-confrontational a manner and language as possible to smooth things along) regarding upkeep every now and then but in general he's happy with it.
Maybe it's just me, but I think at least part of the above constitutes legal advice.
If it makes you feel warm and fuzzy, I can add a disclaimer that none of what I've said in the thread is intended to be legal advice and should not be relied on as such. Consult an attorney in your area prior to acting.
In reality though, if sharing past experiences as an indication of what may be successful in the future is verboten, then there isn't much that can be discussed here that couldn't be considered legal advice.
Quote:
Originally Posted by ISONY
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?
The particulars I'm not certain on. I'd have an attorney draw up the paperwork (shouldn't be much of a fee for a consult/agreement review). If you want to bring some ideas to the table when you go sit down with them, I find a 60 day termination and $1.00 a year for a period of 5 years with a 5 year extension option is generally well received.
You can have an attorney as involved as you want in the process, at a cost of course. If it were me, I'd draw up the paperwork and have the attorney review it for insurance requirements and liability clauses, but I'm fairly comfortable with the process.
At the end of the day though, there's no guarantee. Even with an attorney involved, you're just reducing/transferring risk. All depends on your comfort level.
Oh, before I forget:
None of the above is intended to be legal advice and should not be relied on as such. Consult an attorney in your area prior to acting.
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