Re: Adverse Possession - Michigan - Septic Field
The elements of adverse possession in Michigan are: actual, visible, open, notorious, exclusive, and uninterrupted possession of the property that was hostile to the owner and under cover of a claim of right for a fifteen-year period. Rozmarek v Plamondon, 419 Mich 287, 295; 351 NW2d 558 (1984).
tell them to provide evidence that the possession was open and notorious and visible.
A leach field is a hidden encumbrance.
I would respond with an offer of a limited license to allow the continuance of the use of the land only for the current use of the leach field and if the leach field fails, the license expires and she must move her leach field elsewhere.
2. If after I purchase the parcel, is it legally possible for me to grant her easement for the existing field only and not for any future fields which have to be put in to replace this one when it malfunctions?
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.