In addition to obtaining property by conveyance, Michigan law recognizes that a person may acquire title to property by adverse possession or by acquiescence. How Useful Is the Statute? By visiting this website, certain cookies have already been set, which you may delete and block. You go on the property and determine that it is owned by his neighbor, who was not contacted before you started work. Specifically, adverse possession may not be established against a Michigan municipal corporation for the recovery of any public highway, street, alley or other public ground. Construction began in 2004, with the laying of the foundation in October. If a surveyor enters property on the direction or authority of a client, and a trespass occurs, both the surveyor and the client would be jointly and severally liable for any trespass. An attempt to claim to the surveyed line by adverse possession failed, and the claimants then attempted to prove the validity of the surveyed line by statutory acquiescence.
In deciding what to show on a survey, surveyors must have a general working knowledge of the various theories by which possessory interests can be acquired and recognized in Maine, and the fact that it is relatively easy in this State to acquire such interests. The requirement of a clearly marked visible line can be met by an old roadway, Marja, 622 A. Adjoining property owners may treat a boundary line, often a fence, as the property line incorrectly. Possession up to a visible line marked clearly by monuments, fences or the like. The question of whether a claim of acquiescence is possible and the elements of an acquiescence action may be different depending upon where a real estate boundary dispute arises. Copyright © 2004 Aaron Larson, All rights reserved.
Potential purchasers should be aware of this doctrine, investigating fence lines closely and requesting a survey if any questions arise. What Type of Notice is Sufficient? In order to claim a boundary by agreement, the following elements must be shown: X 1. Without Right Or Privilege To Do So. Sometimes the claim of one owner to a line on the ground or his assent to it as a boundary will be obvious, and the problem will center on the role of his neighbor. Cases in Maine have recognized boundaries by acquiescence based on possession for as little as 6 or 7 years. If the person entering the property was not a licensed surveyor or working under the direction of a surveyor, entry would constitute a trespass.
If actual damage did occur, the owner or possessor could recover these damages as well. One who satisfies the requirements of adverse possession can file a court action to obtain title to the land that was adversely possessed. You go on the property and determine that it is owned by his neighbor, who was not contacted before you started work. The statutory period is usually quite long, often 15 years. The essence of trespass is an unauthorized entry on land of another.
Alternative relief may be available under the doctrine of acquiescence. See Maine Tort Law, 2004 Edition, by Simmons, Zillman and Gregory, § 5. Facts of the Case The defendants purchased their residential property on lot 3 in 1999. Litigation ensued and in 2008, the Cumberland County Superior Court issued its decision. Is your client liable in trespass? This statute will be discussed shortly. Mutual acquiescence or acceptance in that line as the property boundary; 3.
The statutory forms deal primarily with situations where something has been removed or taken away, and are thus modern versions of the ancient tort of trespass de bonis asportatis. Penny cites numerous opinions in which landowners verbally agree to a location for an uncertain boundary line and immediately acquiesce to the line so marked. See also Restraint on alienation. For a good discussion of the definition and elements of trespass, see Collomy v. For dispute and agreement or acquiescence arising from intention to deed to a marked boundary, the new boundary line may become enforceable through a court action without respect to how much time has passed. An accidental or involuntary entry is not a trespass. The rule seems to have been adopted as a rule of repose, with a view to the quieting of titles.
This website requires certain cookies to work and uses other cookies to help you have the best experience. This article needs additional citations for. The matter went to trial. The acquiesced line continues to be the one intended to be recognized in future transfers. Lawrence, an Attorney with the Office of the Property Rights Ombudsman. § 13912 was not popular with many people.
If actual harm is done, actual damages are usually determined by the difference in value of the land before and after the damage. Merely claiming ownership is not sufficient. It should be obvious by now there are almost as many definitions of acquiescence as there are courts to apply them. The statutory period is usually quite long, often 15 years. The requirement of a clearly marked visible line can be met by an old roadway, Marja, 622 A. In the following case, the defendants were unable to offer proof of either a definitive boundary line or any mutual recognition the boundary was where they claimed.
Your client hires you to survey a particular parcel, thinking that he owns it. While this opinion notes a boundary line that is in dispute may be established either by oral agreement or according to the Georgia statute cited above, the ruling concluded: Acquiescence will not establish a divisional line, in disregard of definite boundaries fixed by deeds, and thus operate to create title to lands not embraced, by a fair construction, within the description in the deeds … The principle that a boundary line between adjoining landowners may be established by consent is not applicable in a case where one claiming to be an adjoining landowner has no independent title, but must rely on such consent to show title. Accordingly, the case is another reminder that municipalities that do not pay attention to established property lines could be vulnerable to claims by neighboring property owners, seeking to acquire title to a portion of the adjoining municipal land. The competitor does not file any objection in the Patent Office. Acquiescence is one important legal theory such a plaintiff may assert, among other possible theories like adverse possession, easement by prescription, equitable estoppel, mutual mistake and others.