Get Real Property Section - State Bar Of Michigan - Michbar

“Lady Bird” deeds are nothing new and are the subject of Standard 9.3 of the Michigan Land Title Standards (6th Edition) which states “[t]he holder of a life estate, coupled with an absolute power to dispose of the fee estate by inter vivos conveyance, can convey a fee simple estate during the lifetime of the holder.

A Quiet title action is a legal procedure to establish a right to ownership to real real property, or establish other property interests, against one or more adverse claimants. A quiet title action also is called a suit to remove a cloud on title.

To establish adverse possession, an individual must demonstrate possession of the real property for a period of fifteen (15) years and that the possession has been actual, visible, open, notorious, exclusive, continuous, hostile, and under a cover or claim of right.

(d) "Real estate transaction" means the sale, exchange, rental, or lease of real property, or an interest therein. (e) "Real property" includes a building, structure, mobile home, real estate, land, mobile home park, trailer park, tenement, leasehold, or an interest in a real estate cooperative or condominium.

Encroachment/Adverse Possession. The injured party can bring an action of trespass against the encroaching party. However, if the trespass meets certain requirements and has been going on for over fifteen years, the encroaching party can claim title to the property via adverse possession or acquiescence.

Adverse possession allows someone to become the legal owner of property she has occupied for a certain period – 15 years in Michigan – even if she is a trespasser and doesn't hold title to the property. The doctrine of adverse possession is controlled by state law.

What is a Prescriptive Easement? An easement by prescription can be created based on physical use of property over time. A party claiming a prescriptive easement must provide evidence possession that is actual, continuous, open, notorious, exclusive, hostile, and uninterrupted for a period of 15 years.