Legal Question in Real Estate Law in Michigan

property easment

I have a new survey that indicates a neighbor having a building within my easment. What do I do to protect my property claim


Asked on 12/14/07, 10:58 am

1 Answer from Attorneys

Renee Walsh LawRefs Nonprofit

Re: property easment

Write him a certified letter letting him know that you have had a survey done; that it is evidence that their building is on your property; but that in the interest of good neighbor relations, you have no problem with the building being on the property but by agreeing to the use, are not giving up any rights to the property.

I would suggest talking to them first about the property so they are not upset when they receive your letter. Then, confirm your conversation with the letter using the language or similar language as above.

Hostility is an element of adverse possession in Michigan. If you take away the hostility, then you will have no problem. Should the owner be aware of this requirement element, he may indicate that they are claiming hostility. For more information on what to do if that happens, please go to my website at www.lawrefs.com and search adverse possession.

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Answered on 12/17/07, 1:13 pm


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