Legal Question in Real Estate Law in Michigan

Re: What to do about my neighbors encroachment

There are several issues presented here, all of which raise additional fact questions which must be answered before you can know the extent of your rights. It is possible that the "license" is merely a lease to use the property. On the other hand, you might have conveyed an easement or given the neighbor other permanent or conditional rights. The document you prepared must be reviewed to determine what, if anything, was granted to the neighbor.

The neighbor also might have acquired the right to use a portion of the property by one of two legal concepts known as "adverse possession" and "acquiescence". Adverse possession may be used to acquire title to some or all or a parcel of property, where the non-owner uses the owner's property in an open, visible manner, and where the non-owner treats it as his/her own, to the exclusion of the true owner. The particular facts of each case must be considered to determine whether the non-owner has satisfied the adverse possession requirements. In Michigan, a person who has satisfied the adverse possession requirements for a period of 15 years or more may be granted title in the property or in that portion of the property which the non-owner used.

Acquiescence actually requires that the owner of the land which is being used by the non-owner actually agree, by words or by writing, that the non-owner may used the owner's property. This also must satisfy a continuous 15 year requirement, in Michigan.

You should consult with an attorney in your area who is skilled in real estate law and who can consider the facts which affect your ownership of the land. This response is not legal advice, and it is not meant to be considered to be legal advice. No attorney/client relationship is created as a result of this response to the inquiry.