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  1. #1
    Join Date
    Apr 2008
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    1

    Default Adverse Possesion Of Lakefront Access In Michigan

    I purchased a house in 2003 on a private lake. On both the plat and the survey, a 30 foot walkway is shown south of my lot. The plat lists the use of "all streets and walkways for the use of lot owners only". This walkway was taken in adverse possesion in 2003 before I bought my house. Now the lot to the south has been sold and the new owners want to build on the walkway. Some of the neighbors have talked about getting a lawyer and going to court over it. Problem is that the court already awarded ownership through adverse possesion. There are two wrinkles though. In the court case which awarded ownership of the land, the defendants were listed as the previous owners of the entire plat who at that time were deceased with no heirs. The adjacent property owners of the plat were never notified. Also, the new owners have a copy of the judge's ruling but their deed makes no mention of the 30 foot walk. Only their 60 foot lot adjacent to the walk. Bottom line is this... Is it ever an option for a group of property owners to reverse an adverse possesion ruling? Also, how do we prevent this from happening to the other access within the plat? Thanks for any advice...Josh

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Adverse Possesion Of Lakefront Access In Michigan

    Well, it would help us if we knew who the plaintiffs were in the adverse possession action - are we to assume that they were your predecessors in title?

    If the neighbors had rights you hope to extinguish through the adverse possession action, but they never had notice of the lawsuit or an opportunity to appear and defend (and were apparently not even named), don't count on being able to use the judgment to keep them from exercising their title rights.

    Get a real estate lawyer, and have your lawyer review everything - the title work, the lawsuit and judgment, the neighbors' claims and demands, and whether you have facts that might allow you to claim adverse possession against the other neighbors.

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