![]() ![]() ![]() ![]() It does not preclude a landowner from suing first. The court concluded that the statute prevents a landowner from acquiring property from a municipality by adverse possession only if the municipality first brings an action to recover the property. The court began its analysis with a review of the then-current version of MCLA 600.5821, which provided:Īctions brought by any municipal corporations for the recovery of the possession of any public highway, street, alley, or any other public ground are not subject to the period of limitations. The landowner brought suit to quiet title. At some point, a municipality and its leaders likely will be forced to grapple with the following question: Does a landowner have any rights if the landowner builds a home or other obstruction in a road right of way or other property dedicated to the public?Ī good starting point in the analysis of this issue is the 2014 case of Waisanen v Superior Township, in which the Michigan Court of Appeals considered the rights of Superior Township and a landowner in connection with an alleged encroachment of the landowner’s property into a public street. ![]()
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