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  1. #1
    Join Date
    Apr 2008
    Posts
    2

    Default Adverse Possession Help

    My question involves real estate located in the State of: Michigan

    We have lived at our current residence for 12 years. When we bought our home, the previous owner had put a fence and maintained the lawn that is about 20 feet over the property line to our neighbors. They had a written agreement that he could do this. When we moved in we did not have a written agreement, but they let us continue to maintain and use this property as if it were ours. They also let us put up a small hunting shack on their property. We asked several times about purchasing this land, but they would never agree. Our neighbor is now widowed and wants to sell us all of her property including her house, which we do not want to do. She said if we do not buy it she will sell it to someone else and we need to remove the fence (that has been there for at least 20 years) and our other property. She is saying the property line is really only about 10 feet away from our driveway. We have an old survey that disputes this and puts the property line farther over on her property (in our favor), but still not as far over as the property we have maintained for 12 years. We will be contacting a real estate attorney, but I am wondering about the adverse possession and what is the law. Thank you for any information.

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Adverse Possession Help

    http://www.expertlaw.com/forums/showthread.php?t=15876

    Having permission is not hostile. Also, I don't think people understand how expensive it can be to drag these types of situations through court, and it can take years. However, as i said, it does not appear you would win anyway.

  3. #3
    Join Date
    Apr 2008
    Posts
    2

    Default Re: Adverse Possession Help

    Quote Quoting Happy Trails
    View Post
    http://www.expertlaw.com/forums/showthread.php?t=15876

    Having permission is not hostile. Also, I don't think people understand how expensive it can be to drag these types of situations through court, and it can take years. However, as i said, it does not appear you would win anyway.
    Thank you. That is what I figured. We should not have bought the house knowing the property line issues. I guess now we will survey, find the actual line and put up a large privacy fence

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