734-359-7018
Now Accepting New Clients!
Blog

REAL ESTATE 75: Plaintiff filed action seeking to quiet title by acquiescence.

Plaintiff and defendants own adjoining parcels of real property; defendants’ 79-acre parcel surrounds on three sides plaintiff’s one-acre parcel.

In 2018, plaintiff and defendants began to dispute the northern and western boundary lines of plaintiff’s parcel. Plaintiff occupies an area that extends approximately 43 feet beyond the legally described boundary lines on both the northern and western boundaries of her parcel. Plaintiff claimed that she had exercised dominion and control over these areas for more than 15 years, and thus had acquired the disputed area by either adverse possession or acquiescence.

Defendants opposed plaintiff’s claims and installed a fence on the western side of plaintiff’s parcel where defendants contended the property line existed. Defendant drove his truck in the disputed area on the side of the fence adjacent to his 79-acre parcel and served plaintiff with a notice to quit advising her to vacate the disputed area.

Quiet Title

Plaintiff filed action seeking to quiet title to the disputed area on the western and northern boundaries of her parcel, alleging that she had acquired the disputed area by adverse possession or acquiescence, and alleging that defendants had trespassed onto her parcel. Plaintiff thereafter moved for summary disposition under MCR 2.116(C)(10), contending that there was no genuine issue of material fact regarding the disputed area and that she had acquired the disputed area by adverse possession or acquiescence.

Acquiescence

In this case, plaintiff sought to establish title to the disputed areas in part under a theory of acquiescence. Under Michigan law, owners of adjacent property may acquiesce to a property line other than the legal property line by treating a particular boundary as the property line.

Acquiescence may be established by any of three methods, being (1) acquiescence for the statutory period; (2) acquiescence following a dispute and agreement; and (3) acquiescence arising from intention to deed to a marked boundary.

Plaintiff’s affidavits state that all parties recognized the area she and her late husband mowed and maintained as her yard and treated the claimed line as the boundary for at least 32 years. Photographs also show that Plaintiff mowed to that claimed line and erected at least one building on the disputed property.

The trial court concluded that plaintiff and defendants’ predecessors in title acquiesced to both the northern and the western boundaries of plaintiff’s parcel for the statutory period. Acquiescence for the statutory period is demonstrated by proof that the parties treated a boundary as the property line for at least 15 years.

Skilled Assistance with Real Estate Litigation

If you are facing a residential or commercial real estate, seek the advice of an experienced and skilled real estate litigation attorney at Aldrich Legal Services in Plymouth.

Contact Aldrich Legal Services

Speak to a Pro: (734) 404-3000

 

Three reasons to put a power of attorney in place

Originally posted on 11/08/2016 While no one wants to think of the unfortunate possibility of being incapacitated or of a time when we can't handle our own affairs, this circumstance is a real possibility. If something happens and this...

How to approach parents about estate planning

Originally posted on 12/09/2016 Family forms a strong foundation for many people's first and most intimate community. It is important to strengthen these first relationships so even uncommon questions become natural. For those...

PROBATE 44: Petition for Mental Health Treatment

Michigan’s Mental Health Code governs the civil admission and discharge procedures for a person with a mental illness. Specifically, MCL 330.1434 sets forth the procedure and content requirements for a petition for mental health treatment.

Should you get your criminal record expunged?

Originally posted on 04/12/2017 If you have been convicted of a crime, have served your sentence, and have followed all court recommendations, you should be able to put your past behind you and move on with life. Moving forward is critical...

Choosing the right executor for an estate

Originally posted on 05/28/2017 When people are thinking about planning their estate, they often think about trying to minimize the estate tax, keeping their will updated, and keeping items out of probate court; however, there is another...

Understanding how the Miranda warning works

Originally posted on 11/25/2016 Michigan residents who have seen television police shows or movies involving law enforcement have no doubt watched many dramatic scenes with officers quoting something to the effect of, "You have the...

PROBATE 42: Dissolution of professional corporation.

This case involves the estate of a doctor whose professional corporation also had to be dissolved upon his death. The personal representative of the estate sold the company’s assets but did not pay off the company’s debts before transferring the proceeds to the estate and distributing them to the heirs.

A basic introduction to wills

Originally posted on 10/31/2016 It can be difficult to consider the end of our lives when we are in good health. However, lives can change at any moment, so it is wise to be prepared for any situation that may arise. Despite the many...

REAL ESTATE 73: Quiet title action.

This case involves a dispute over real property located in Michigan. W and V who are D’s parents, acquired the property. In 1999, W and V conveyed the property to the Trust, to which W is the sole trustee, via a quit claim deed. At some point...

How Is Alimony Determined In A Michigan Divorce?

Originally posted on 06/22/2018. When filing for divorce in Michigan, you may seek alimony, spousal support, from their spouse whenever they require financial aid. A judge may order your spouse to pay certain alimony. However, it depends...

Is My Conviction Eligible for Expungement?

Originally posted on 10/11/2019. At one point or another, we have all made mistakes. For some people, those mistakes involved breaking the law. Convictions have a large impact on someone’s life. Beyond the sentencing ranging from...

PROBATE 45: The court held that the probate court did not err by granting summary disposition for Plaintiff, or by denying Defendant’s request for an extension of the discovery period, adjournment of mediation, and issuance of subpoenas and by dismi

This case arises out of competing petitions for probate. On November 19, 2018, Defendant initiated this case by filing a petition for probate, attaching Decedent’s death certificate and purported last will and testament, dated March 9, 2007,...

DIVORCE 57: Holding that the trial court’s factual findings were not supported by the record evidence, and thus could not stand, the court reversed, vacated the portion of the Amended Default JOD ordering defendant to pay $3,325 to plaintiff, and re

Plaintiff first testified that she and defendant purchased the marital home in 1995. At the time the first default judgment of divorce was entered in September 2017, plaintiff had the home appraised. The value of the home was determined to be...

Don't let a bad decision, unfair contract, or a messy divorce get in the way of a promising future!
Contact the experienced team at Aldrich Legal Services today to schedule your free initial
consultation
and secure reliable and trustworthy representation today!
Get the Help You Need From a Team You Can Truly Count On: (734) 404-3000
734-237-6482
734-366-4405