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Thread: Adverse possession regarding waterfront

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    Adverse possession regarding waterfront

    I have lakefront property in Michigan on a public lake and am trying to have a boat removed from a dock that is on the boundary of my riparian property line. The boat is perpendicular to the dock which takes up 12 to 15 feet of my 40 foot frontage. The dock is on a private roadend dedicated to the use of subdivision property owners. The person who owns the boat is now claiming adverse possession. Is it possible for him to do this? I need any info or direction on this subject.

  2. #2
    Cyburbian
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    Is the boat on your property or in the public lake? This doesn't really sound like an adverse possesion case. The question would probably be best answered by an attorney.

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    Cyburbian Richmond Jake's avatar
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    Sounds like a private, civil matter to me. Consultant your attorney.
    Annoyingly insensitive

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    Quote Originally posted by savemattoon
    Is the boat on your property or in the public lake? This doesn't really sound like an adverse possesion case. The question would probably be best answered by an attorney.
    The boat is technically in public water. Michigan riparian rights state I own waterbed to center of lake, therefore he is infringing on my property.

  5. #5
    Cyburbian
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    Typically, in order to claim adverse possesion, the squatter would have had to been encroaching for a long time (like 20 years) without him or the land owner aware that the assumed property line was wrong. That does not seem to be the case here.

    But since it is a public lake, he may have the right to park there much like a car can park in front of your house on the public street. You really need to consult an attorney.

    Quote Originally posted by savemattoon
    ....The question would probably be best answered by an attorney.
    Quote Originally posted by RichmondJake
    ... Consultant your attorney.
    Quote Originally posted by Otis
    .... See your attorney.
    hmmmm....noticing a pattern here
    Last edited by noottamevas; 21 Jun 2006 at 10:11 PM.

  6. #6
    Cyburbian Otis's avatar
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    Depends. Advrese possession usually requires long term occupation of another's land. Like uniterrupted for seven to ten years. Law on this varies from state to state. See your attorney.

  7. #7
    Cyburbian imaplanner's avatar
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    That is an interesting case. Laws are different from state to state but yes consult an attorney as it is a civil matter.

    And then maybe post the results back here for our benefit


    That said- I was able to find this:
    In Michigan, the duration of such possession is five (5) years if the claimant as color of title by a court deed, ten (10) years if the claimant has color of title by a tax deed, and fifteen (15) years in all other cases. To have marketable title, the claimant also receives a court decree granting him/her quiet title. Michigan CLA 600.5801.
    In this instance a claim made under color of title would be a deed whose execution was defective or is in question.

    Now go talk to an attorney

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    Cyburbian donk's avatar
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    In Ontario and most Canadian provinces, advers possession cannot occur if you have informed the person that they are not welcome. It only occurs when a person takes "real" control and possession of a property and is generally assumed to be the owner and the owner does not fight it. It also requires long term possession without any comment on it.

    As the others have said see your lawyer, or maybe a pocket knife at midnight.
    Too lazy to beat myself up for being to lazy to beat myself up for being too lazy to... well you get the point....

  9. #9
    Cyburbian Cardinal's avatar
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    It is very difficult to win a case of adverse possession. As others have stated, the use must have continued uninterrupted for a very long time and must have been done without the knowedge or consent of the rightful owner. I think you might have several things going for you. The use is intermittent. It has likely not gone on very long. (How many years has he had his boat there?)

    Adverse possession is a term people like to use to sound threatening, but it more often makes them look like fools. Trespass is one that the courts and the local police find more meaningful. You should be able to file a complaint with the local department. Still, you could end up with a lot of aggravation and costs to deal with the problem.

    Does this guy have other options for docking his boat? Can he put it on the other side of the pier on property owned by the subdivision? Can the pier be moved so that when he ties up, his boat does not encroach on your property? Can he tie up parallel to the dock to take up less room? Can he keep his boat elsewhere? These are al lthings he needs to consider.
    Anyone want to adopt a dog?

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    Cyburbian Queen B's avatar
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    Adverse possession, Could a land owner file for that with the county as owner. He has taken care of a platted street since 1969. He has mowed it as if it were his yard. He came in asking how he should list it if he tries to sell his property. He owns lots on both sides.

    I told him he should be happy he has had that big of a yard and no taxes...
    It is all a matter of perspective!!!

  11. #11
    Cyburbian imaplanner's avatar
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    Quote Originally posted by Queen B
    Adverse possession, Could a land owner file for that with the county as owner. He has taken care of a platted street since 1969. He has mowed it as if it were his yard. He came in asking how he should list it if he tries to sell his property. He owns lots on both sides.

    Pretty sure all states have laws that you cannot adversely possess public property.

    Quote Originally posted by Cardinal
    It is very difficult to win a case of adverse possession.
    I think it depends on which state you live in. While its never easy it is much less difficult in some states than in others.

  12. #12
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    Quote Originally posted by Cardinal
    It is very difficult to win a case of adverse possession. As others have stated, the use must have continued uninterrupted for a very long time and must have been done without the knowedge or consent of the rightful owner. I think you might have several things going for you. The use is intermittent. It has likely not gone on very long. (How many years has he had his boat there?)

    Adverse possession is a term people like to use to sound threatening, but it more often makes them look like fools. Trespass is one that the courts and the local police find more meaningful. You should be able to file a complaint with the local department. Still, you could end up with a lot of aggravation and costs to deal with the problem.

    Does this guy have other options for docking his boat? Can he put it on the other side of the pier on property owned by the subdivision? Can the pier be moved so that when he ties up, his boat does not encroach on your property? Can he tie up parallel to the dock to take up less room? Can he keep his boat elsewhere? These are al lthings he needs to consider.

    His current boat has been there 4 1/2 years. Before that I have no idea.
    Yes he does have other alternatives for docking his boat., such as the other side of the dock. He refused when asked and local law enforcement says it's a civil matter and offered no help.

  13. #13
    Cyburbian Plus JNA's avatar
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    Quote Originally posted by Larry S
    The dock is on a private roadend dedicated to the use of subdivision property owners. The person who owns the boat is now claiming adverse possession. Is it possible for him to do this? I need any info or direction on this subject.
    Does he even live in the subdivision ?
    Who maintains the dock ? and does he pay his share ?
    Check to see if the boat registration sticker is current ?
    Oddball
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    Broke parts take a little longer, though.
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  14. #14
    Cyburbian donk's avatar
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    Quote Originally posted by Queen B
    Adverse possession, Could a land owner file for that with the county as owner. He has taken care of a platted street since 1969. He has mowed it as if it were his yard. He came in asking how he should list it if he tries to sell his property. He owns lots on both sides.

    I told him he should be happy he has had that big of a yard and no taxes...

    I would expect that he might be able to acquire teh unopened road alowance from teh municipality for not too much money and then consolidate all 3 parcels to form a single lot. i doubt you can adversely posess municipal property, if you could I think i'll find a nice plot in a park and build my dream house.
    Too lazy to beat myself up for being to lazy to beat myself up for being too lazy to... well you get the point....

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