Category Archives: Joe Wloszek

Acquiring Title to Your Neighbor’s Property: How to Establish Adverse Possession in Michigan

In Michigan, an individual may gain ownership of real property even if that person does not have a deed or hold legal title to the property. The concept is called adverse possession and most often, but not always, occurs due to a boundary dispute between two neighbors. Adverse possession can also occur by a trespasser to land that occupies the land for fifteen (15) years. To establish adverse possession, an individual must demonstrate possession of the real property for a period of fifteen (15) years and that the possession has been actual, visible, open, notorious, exclusive, continuous, hostile and under a cover or claim of right. This article explores the law that governs adverse possession and the elements necessary to establish adverse possession in Michigan.

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Are the CDC’s Restrictions on Halting Residential Evictions in Michigan Constitutional?

In Michigan, residential evictions are normally handled at the local District Court pursuant to Michigan’s Summary Proceedings to Recover Possession of Premises, MCL 600.5701, et seq. However, on September 1, 2020, the Department of Health and Human Services Centers for Disease Control and Prevention (the “CDC”) issued an order (the “Order“) temporarily halting some, but not all, residential evictions throughout the country, including Michigan, to prevent the further spread of COVID-19. The Order is presently in effect through December 31, 2020, but may be extended or modified in the future. The CDC’s Order upended the normal residential eviction process and thrown interpretation of the Order to the Michigan Supreme Court Administrator’s Office (“SCAO”) and the local District Courts throughout the State of Michigan.

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