Location: Michigan
My family owns a lakefront lot that we have had for 20 or so years. We have a neighbor who owns the lakefront lot directly next to us. We use the lot during the summer when we go on vacation, and he lives up there year-round. The other day, our neighbor confronted my father and threatened to claim adverse possession over the entire lot. He states that he has been maintaining the lot for the past 15 years and has the right to own the lot. This claim is false, as we visit the lot almost every summer to maintain it. There was about 4 years maybe from 2018-2022 where we weren’t able to make it up to the property, but we have been up every summer since. After he made this threat, my father told him to never step foot on our property again. We’re not entirely sure what to do or if he will follow through with the threat. Does he have a case to claim our entire lot? I know this is common with property lines and fences, but he is claiming the entirety of our lot. He hasn’t built any structures on the lot; however, if he is maintaining it he is doing so without permission. We want to set up a physical boundary and trespass if he enters again, but I’m unsure if that will do more harm in this case.
Comments
Adverse possession claims in Michigan require a 15 year uninterrupted period of exclusive use. It sounds like you should ignore this guy.
Adverse possession requires a court case. If you get served (actual court papers, not just a lawyer letter or something), hire a lawyer. Otherwise, cease contact with the neighbor and ignore him.
Not a lawyer, but feel free to put up any barriers you want. They can only help.
You might also want to check with your city or county tax records have an accurate mailing address for you. That might be the address used to serve court documents relating to the property.
Some county recorders offices offer a service where they will send you an email automatically if any documents are recorded against your parcel. Sign up for this if they have it.
There is enough here you should talk to a lawyer. In the mean time, in case you need it for court collect evidence of your regular use and maintenance of the property; family photos, paid bills, the deed, tax assessments and receipts, any other legal agreements involving the property, gather names of people that in the past that visited or stayed on the property.
Put up keep out signs or fences that follow and define the boundaries of the property.
It’s heavy handed but if you ever see your neighbor enter your property call the police on him and start building that paper trail of him being a nuisance, that he’s informed and knows this is your property. Again this shows you’re active in the use and enjoyment of the property. For the time of year you aren’t using the property you might want to put up some cameras.
I believe in Michigan, adverse possession requires “occupying” the land for 15 years and not just maintaining it. And one of the things your family could do is post no trespassing signs and sending a certified letter to the neighbor that they are not to be on your property.
The neighbor just admitted that he’s been trespassing on your property.
Put up signs. Send him a letter telling him that he is not allowed on the property and if he enters again he will be liable for criminal trespass.
Put up cameras and file a police report if he enters the property after the letter.
Here’s the details on criminal trespass of private property that applies here:
Private property trespass: An individual who commits the following is guilty of a misdemeanor punishable by imprisonment in county jail for a term not to exceed 30 days and/or a fine of $250.
Prohibited activities:
Enter another person’s property after being forbidden to do so by the owner.
Make sure you formally trespass him. In writing, with certified delivery and/or actual service.
Adding to the foregoing suggestions that you research the applicable Michigan state trespassing statutes, post the property (both the improved and unimproved lot), send the neighbor a certified letter with a return receipt (so you have documented proof of delivery) and cite the required notice/wording from the statute and inform him if he (or his agent, family members, friends or acquaintances) enter on or upon your property for any reason whatsoever they will be subject to arrest and prosecution pursuant to the provisions of the applicable statute forbidding trespassing on private property. If the neighbors been granted an easement on the real property in question research revocation of any such easement.