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    Nov 2013
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    Default Re: Are There Any Holes in My Adverse Possession Case - Before I Take It to Court

    Quote Quoting RXBrown
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    ADVERSE POSSESSION CASE BASIS:
    In Michigan, generally the statute of limitations is 15 years. But, for property acquired through tax sale the SOL is 10 years [MI law reference below]. I've been here now longer than 10 years since the 2010 county tax foreclosure.
    I may be incorrect but I think you are misreading the law. You are not claiming adverse possession on land owned by the state but from whom the state sold the land to after the tax sale. When property reverts to the sovereign (the state) the SOL clock restarts when they transfer title to a new owner. You lose all claims that preceded that date. Therefore, the SOL to claim AP is 15 years not 10 years.

    This is the statute:

    REVISED JUDICATURE ACT OF 1961 (EXCERPT)
    Act 236 of 1961


    600.5801 Limitation on actions; time periods; defendant claiming title under deed, court-ordered sale, tax deed, or will; other cases.


    Sec. 5801.

    No person may bring or maintain any action for the recovery or possession of any lands or make any entry upon any lands unless, after the claim or right to make the entry first accrued to himself or to someone through whom he claims, he commences the action or makes the entry within the periods of time prescribed by this section.

    (1) When the defendant claims title to the land in question by or through some deed made upon the sale of the premises by an executor, administrator, guardian, or testamentary trustee; or by a sheriff or other proper ministerial officer under the order, judgment, process, or decree of a court or legal tribunal of competent jurisdiction within this state, or by a sheriff upon a mortgage foreclosure sale the period of limitation is 5 years.

    (2) When the defendant claims title under some deed made by an officer of this state or of the United States who is authorized to make deeds upon the sale of lands for taxes assessed and levied within this state the period of limitation is 10 years.

    (3) When the defendant claims title through a devise in any will, the period of limitation is 15 years after the probate of the will in this state.

    (4) In all other cases under this section, the period of limitation is 15 years.
    History: 1961, Act 236, Eff. Jan. 1, 1963

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