This form is a Judgment. The judgment provides that the plaintiffs/ counter defendants are entitled to a prescriptive easement for ingress and egress along an existing road. The judgment also provides that all relief requested by defendants in their counterclaim which was not specifically granted, other than those issues reserved for further hearing, are denied by the court.
Michigan Judgment regarding Boundary Line Dispute
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Multi-State
Control #:
US-00748
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Word;
Rich Text
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FAQ
Options for resolving a boundary dispute Instructing a lawyer to act as a go between could help ensure that negotiations are concluded and recorded correctly. A letter from an expert property lawyer could assist with a speedy conclusion to the matter.
Boundary disputes usually arise when one person asserts ownership over a piece of land, which is owned by their neighbour. A common example would be if one neighbour moves their fence towards their neighbours' property, annexing the neighbour's land to theirs - this would give rise to a boundary dispute.
Acquiescence is typically thought of as an agreement by conduct. A property line which has been treated by neighbors as a property line for at least 15 years can be established as the property line, even if different than the surveyed line.
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.
Settlement of boundary disputes. - (1) All disputes regarding boundaries shall be decided as far as possible on the basis of existing survey maps, but if this is not possible, the boundaries shall be fixed on the basis of actual possession.
These disputes have been mostly minor and have been settled by common agreement?with or without the consent of Congress, by congressional action alone, or by the Supreme Court.
First, both parties need to recognize that there is a specific line; and second, both parties need to acknowledge the line as the boundary separating both properties. To determine if the landowners meet the requirements, the court may look at the history and usage by the landowners.
The four major types of boundary disputes are operational, allocational, locational, and definitional.
