Legal Question in Real Estate Law in Michigan
Our Family has owned a home in Northern Michigan for over 93 years on a lake. Recently the neighbor has sold their land and the new owner wishes to build a salvage yard in this spot. After going to the county clerk, it appears that they also own all the land in front of our home (up to our front porch including our driveway), Pretty much we only own the land in which the home sits. They have attempted to tear down our dock along and put a fence in our front yard preventing us from accessing the lake. They have tore out our well and moved all of our boating equipment (including our boats) from our dock. We have taken care of the home and surrounding area since the home was built. I have personally been fishing and swimming from the dock and beach for the last 30 years. We have acted as if the land was ours and until recently did not know that it was not.
Does squatters rights or Adverse Possession gives us rights in this case? The land is extremely valuable and the neighbor has threatened to bankrupt us with as many lawsuits as possible stating that even if we lost we could not afford the court costs. We just want to maintain our beach access and have no interest in selling the property, it has been in our family for nearly a century and we wish to have it for people to enjoy in the future.
Thank You!
1 Answer from Attorneys
Hire a real estate attorney as soon as possible. Your new neighbor may not touch your personal property, or your well or any other part of your property if it is clear that you and the prior owner both acquiesced (did not dispute) to the property rights of your family. Take all the documents, photos, letters, dated papers of any sort having to do with the property, docks, boats, wells, surveys, mortgages, deeds, receipts, and have your attorney file for an injunction and restraining order preventing the new neighbor from accessing your land/property. Your family is entitled to continue to occupy the property, all of the property that you have occupied for 93 years, unless:
1. Your occupancy and possession was disputed by the previous neighbor within the past 15 years, or
2. Your occupancy and possession was "permissive", and you and your prior neighbor knew that you were using "his" land within the past 15 years.
The fact that this new neighbor has threatened to use legal strong arm tactics will not weigh in his favor with the courts.
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