Legal Question in Real Estate Law in Michigan
property lines
I recently inherited 100% my grandparents former home on a lake in michigan. It was once titled to me, my brother and mother when we inherited it from them over 30 years ago. When my mother died two years ago, my brother and I were left her home on the lake as well. My brother too her home because it was larger and he had a larger family, he quit claimed his interest in my grandparents former home to me. My cousin ownes a place next door to me at the lake. He bought it from My aunts estate after she died. My aunt inherited her lot from my grandparants as well. My aunt built a home on the lot. My cousin moved my aunts home across the street to use as rental property and built a new home with a huge garage backing up to my garage. My garage has been sitting in the same spot for 65 years when my grandparents originally built it and thier cottage. My cousin has been in his place for 15 year with old and new house and has never challenged my garage being on 4 feet of his property until now, because his wife is concerned there could be legal problems when he dies. I don't want to go to the expense of paying for a new slab, having the garage moved and having electricity re-wired. What are my legal rights here?
2 Answers from Attorneys
Re: property lines
The legal concept of Adverse Possession states that, in most cases, when someone uses another person's land as though it is his own for a certain period of time (in Michigan it is 15 years.) the ownership of the land actually changes. In other words, generally, if you successfully occupy another's land for 15 years, it becomes yours.
There is another doctrine in Michigan called Acquiescence, which says that when two adjoining property owners treat a certain line as the boundary for 15 years, or more, it becomes the actual boundary.
Tacking is the legal concept that says that successive owners of real property can add their ownership periods together to total up to the 15 years required by either Adverse Possession or Acquiescense.
Based on your facts, it would seem that, essentially, the property line moved some time ago and that you can have a court give it's imprimatur ("stamp of approval") to the "new" boundaries by a Quiet Title Action if your neighbor/cousin refuses to simply deed the property via Quit Claim when requested to do so.
There may be other relevant factors that I am unaware of. So, I caution you to discuss this matter with a competent attorney who should be given an adequate opportunity to review all of the evidence before legal action is begun.
Re: property lines
Aside from the facts that sound like a law school final exam question, I believe you probably will not have to move your garage. For more info. please contact my office at (248)851-3171.
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