Squatter’s Rights in Michigan

What is Squatting in Michigan?

In Michigan, squatting is the act of illegally occupying an abandoned, vacant, or inhabited property without the owner’s permission. Squatters have no legal rights to the properties they occupy, and their actions are considered criminal trespassing rather than a civil matter.

Unlike some other states, Michigan does not recognize “squatters rights.” This means that individuals who squat on properties they do not own or rent can face criminal charges and be forcibly removed by law enforcement. Property owners are not required to go through a formal eviction process to remove squatters from their premises.

Squatters often target unoccupied homes and buildings, taking advantage of the owner’s absence to illegally reside on the property. However, they may also occupy inhabited properties when the residents are away for extended periods. Regardless of the circumstances, squatting is a criminal offense in Michigan, and those who engage in this activity risk facing legal consequences.

It is important to note that simply occupying a property without the owner’s consent does not grant squatters any legal rights to the property. They are essentially trespassing and can be held accountable for their actions under Michigan law.

Criteria for Adverse Possession Claims in Michigan

Individuals attempting to claim adverse possession of real estate in Michigan must satisfy a stringent set of criteria.

Most critically, the adverse possessor is required to maintain uninterrupted physical occupancy of the property in question for a minimum of 15 years. Brief periods of absence may be permissible, but extended gaps in occupancy can nullify an adverse possession claim.
Throughout this 15-year occupancy, the adverse possessor must assume financial responsibility for the property taxes associated with the land. Thorough documentation evidencing consistent tax payments for the entire 15-year duration is essential.
Beyond mere occupancy, adverse possessors are obligated to execute substantive enhancements to the property during their tenure. Examples may include structural renovations, square footage additions, or major system upgrades that demonstrably elevate the property’s market value. Routine property maintenance is typically deemed insufficient to satisfy this criterion.
Crucially, adverse possessors must occupy the property in an overt, unequivocal manner that visibly asserts dominion to any reasonable observer. Efforts to conceal occupancy or otherwise avoid drawing attention to their presence can undermine an adverse possession claim.
The confluence of these rigorous criteria, particularly the 15-year minimum occupancy, render successful adverse possession claims exceedingly rare in Michigan. In a typical scenario, the titled owner initiates legal eviction proceedings to expel the adverse possessor well before the 15-year threshold has elapsed.

Vacant vs Uninhabited Dwellings

Under Michigan law, a key distinction exists between claiming adverse possession of a vacant dwelling compared to one that is merely uninhabited:

Abandoned vs Unoccupied Properties

Abandoned properties are buildings that owners have vacated and stopped maintaining. They are often in disrepair and may have unpaid taxes or utilities.
Squatters frequently target abandoned properties since the owner has neglected them for an extended period of time.
Reasons an owner may abandon a property include death, relocation, or intentional desertion with no plans to return.
Signs of abandonment include overgrown lawns, visible deterioration, and a lack of occupancy for a long time.

In contrast, unoccupied properties:

Still have an owner who plans to return to the property to maintain it or put it up for sale.
May be temporarily vacant due to the owner being away for military service, extended travel, or to serve as a caregiver.
Are generally still maintained, have working utilities, and do not appear neglected.
Cannot be legally occupied by squatters under any circumstances, even if the owner is gone for an extended period, since the owner still retains their property rights.
Have a stronger case against adverse possession claims by squatters, as there is clear evidence the owner intends to return.
The abandoned vs unoccupied status is a crucial factor in adverse possession cases, as squatters have a more viable claim to properties that are completely deserted compared to those with owners who still plan to return.

How to Evict Squatters from Your Property in Michigan

Discovering unauthorized occupants living on your property in Michigan can be frustrating and stressful. To legally remove these squatters, follow these essential steps:

Contact Law Enforcement to Alert Them of Unlawful Trespassing

As a first step, get in touch with the police in your area and let them know that there are people illegally occupying your property. Officers can go to the location and notify the trespassers that they are unlawfully present on private property.
Depending on the situation, law enforcement may have the authority to immediately remove the illegal occupants and arrest them for criminal trespassing. Keep in mind that police will require a court order to forcibly evict the trespassers in most cases.

Deliver a Formal Written Notice to the Unauthorized Occupants

Following the notification of law enforcement, the subsequent step is to furnish the unauthorized occupants with a written demand to quit the property. Under Michigan law, a 7-Day Notice to Quit can be issued, providing the individuals 7 days to vacate prior to the commencement of additional legal measures.
The notice shall specify the property, assert that the occupants are unlawfully present, and require their departure within the stipulated 7-day timeframe. Each unauthorized occupant must be individually served with this notice.

Initiate Legal Action for Eviction if Squatters Remain

In the event that the unauthorized occupants fail to vacate the premises after receiving proper notice, it will be necessary to commence a legal eviction proceeding through the appropriate court in your jurisdiction.
To prevail in the lawsuit, you must furnish proof of ownership of the property and demonstrate that the individuals in question are present without permission. The court will set a date for a hearing, during which you may request a ruling to remove the squatters from the property.

Secure a Legal Judgment to Evict Unauthorized Occupants

If the judge decides the case in your favor, an official eviction notice will be granted. This court order empowers the county Sheriff’s office to forcibly remove the unauthorized occupants from the premises if they fail to vacate willingly.
The Sheriff will go to the property and compel the squatters to leave. Should they oppose this action, they could face arrest for criminal trespassing. The court-issued judgment provides you with the legal authority to take back possession of your property.

Legal Consequences for Squatting in Michigan

Under Michigan law, squatting is classified as criminal trespassing, which involves entering or occupying a property without the owner’s permission. Squatters may face either misdemeanor or felony charges, depending on the specific circumstances of their case.

When squatting occurs on private residential property, it is considered a misdemeanor offense, punishable by fines of up to $500 and/or a maximum of 30 days in jail. However, squatting on commercial property, industrial sites, construction sites, or utility property can result in felony charges, which carry more severe penalties, including fines of up to $2,500 and a prison sentence of up to 4 years.

In cases where squatters are found to have broken into a property, they may face additional charges of breaking and entering, which can lead to higher fines and longer jail sentences. Law enforcement officers in Michigan have the power to immediately arrest squatters who are found to be illegally occupying a property, and property owners have the right to contact their local police department to report any instances of criminal trespassing on their land.

It is important to note that squatting in Michigan does not provide any legitimate claim to property rights and is instead viewed as a criminal activity that can result in both civil and criminal legal consequences. Property owners have the full legal authority to remove squatters from their land and press charges for trespassing.

The Difference Between Squatters and Trespassers Under Michigan Law

Michigan law treats squatters and trespassers differently, and it’s crucial to understand the legal distinction between the two:

Squatting

is the act of unlawfully residing in a vacant or unoccupied building or property without the consent of the rightful owner. Squatters often aim to eventually claim legal possession of the property through the principle of adverse possession by openly and visibly living there.

Trespassing

involves entering someone else’s property without their consent. Unlike squatters, trespassers do not openly assert a claim to the property.

In certain cases, squatting could eventually result in adverse possession if the squatter fulfills all the necessary legal criteria and occupies the property continuously for the required 15-year period under Michigan law.

Regardless of the specific situation, trespassing is consistently against the law in Michigan. Owners of property maintain the authority to immediately eject trespassers from their premises.

The crucial distinction lies in the fact that squatters inhabit the property with the intention of claiming ownership, whereas trespassers simply enter the property without asserting any rights to it. Nevertheless, squatters possess no legal rights until they successfully complete the protracted adverse possession process. Engaging in either squatting or trespassing can lead to both civil and criminal repercussions.

Safeguarding Your Property from Adverse Possession

Michigan property owners have several effective strategies at their disposal to deter squatters and prevent them from establishing adverse possession claims. Consider implementing the following measures:

Conduct frequent inspections of unoccupied properties. Regularly visit and survey any vacant land, homes, or buildings you own to identify signs of unauthorized occupancy or trespassing.
Prominently display no trespassing signage. Posting clear no trespassing signs serves as a visible deterrent to squatters and facilitates the removal of trespassers by law enforcement.
Upkeep the property’s external appearance. Perform essential maintenance tasks such as lawn mowing, landscaping, exterior painting, and general upkeep. A well-maintained property is less likely to attract squatters.
Stay current with property tax obligations. Ensure that you pay your property taxes promptly each year. Failure to keep up with tax payments can bolster an adverse possession claim.
Fortify all entry points. Secure windows with boards, ensure all doors are locked, restrict access to crawl spaces, and consider installing fencing or security gates. Making it difficult for squatters to gain entry is crucial.
Engage a caretaker for regular monitoring. For properties that remain vacant for extended periods, consider employing a caretaker service to perform frequent checks on the premises.

By implementing these proactive measures, Michigan property owners can effectively safeguard their vacant properties against potential squatters and mitigate the risk of adverse possession claims.

Consulting Legal Counsel

When faced with a squatter situation, it is highly recommended to seek the advice of a real estate lawyer in Michigan. An attorney can analyze the details of your case and outline the legal options available to you. They can assist with correctly delivering the necessary notices to the squatter(s) and provide support in filing the eviction lawsuit in local court.

A real estate lawyer can provide guidance on the most expedient legal method to remove the squatters from your property under Michigan law. They will make sure you adhere to all the correct procedures and comply with the mandatory notice deadlines. This helps prevent any procedural errors that could prolong the eviction process. Having legal representation shows you are pursuing the official legal course to regain possession of your property.

In certain situations, the lawyer may be able to communicate directly with the squatter(s) on your behalf to persuade them to leave the property without necessitating a complete eviction process through the courts. However, if an eviction is required, having legal representation improves the likelihood of a favorable outcome.

Avoid the risks of informal or self-help evictions that may violate Michigan laws. The legal system is intricate and demands specialized knowledge. Consulting with a real estate attorney experienced in landlord-tenant matters will provide clarity on the most effective strategy to remove unwanted squatters from your property. Safeguard your rights by obtaining qualified legal counsel and representation.

The Final Word on Squatters’ Rights in Michigan

When it comes down to it, squatters in Michigan have no legal standing or rights to property they don’t hold title to. Although adverse possession laws do exist, successfully making an adverse possession claim is exceedingly difficult, requiring the fulfillment of strict criteria over a span of 15 years. It’s rare for a squatter to legitimately gain ownership through adverse possession.

Moreover, property owners are legally entitled to take action to evict squatters and trespassers from their property. By adhering to the established eviction procedures, owners can utilize the court system to reclaim their property. This process involves submitting appropriate paperwork, giving lawful notice, and securing a court order for the physical removal of the squatters if needed.

The vast majority of squatting situations in Michigan conclude with the squatters being legally evicted and the lawful owners reassuming control over their property. Squatters should not presume the ability to indefinitely reside on or ultimately secure ownership of property to which they have no legal claim. Owners have legal options at their disposal, and most squatters are evicted in a comparably short timeframe relative to the 15 years required for adverse possession.

What is the legal process for removing squatters in Michigan?

In Michigan, property owners must pursue a judicial eviction to remove squatters who do not voluntarily leave after being requested to do so. Squatters cannot be removed through self-help measures like shutting off utilities or forcible removal, even if they have no legal claim to occupy the property. The owner is required to file an eviction action with the court to legally evict the squatters.

What are the legal consequences for squatting in Michigan?

In Michigan, squatting is classified as criminal trespassing, which carries significant legal repercussions. Squatters who are found guilty of this offense may be subject to fines reaching $2,500 and could face imprisonment for a period of up to one year. Law enforcement has the authority to apprehend and press charges against squatters who do not vacate private property upon request.

What are the key elements of adverse possession law in Michigan?

In Michigan, a trespasser may acquire legal ownership of a property through adverse possession if they openly occupy and maintain the land for a minimum of 15 continuous years. During this time, they must act as the true owner would by making noticeable improvements, paying property taxes, and using the property without the owner’s permission. After meeting these strict criteria, the adverse possessor can file a quiet title action to gain legal title.

What is the legal status of abandoned properties in Michigan?

In Michigan, a property being abandoned or vacant does not grant squatters any additional legal rights to inhabit the property. Squatters are still required to complete the entire 15-year adverse possession procedure if they wish to attempt taking ownership of an abandoned property. Until the property ownership is legally transferred via the adverse possession process, the original owner retains complete legal rights to the property.

How can property owners evict squatters in Michigan?

Property owners in Michigan can evict squatters by filing a complaint with the local district court. The court will then issue a summons and complaint, which must be served to the squatters. If the squatters fail to appear in court or the judge rules in favor of the property owner, an eviction order will be issued, and the squatters will be required to vacate the premises. The local sheriff’s department can assist in enforcing the eviction order if necessary.