(Warning: Typos Intact, Not Legal Advice)

Adverse possession? How does this work? For land in Michigan?

Father passed away and executor has not yet filed the paperwork on the property, its been 20 years, my uncle has paid the taxes on this property for ever. Can my uncle claim this property as his?

Answer: The basic rule of adverse possession is that if you take it without permission and openly claim it as your own, you can keep it. But if you borrow it with permission, you have to give it back. Although your uncle may have paid the taxes on the property, unless he openly declared ownership, excluded other family members, and did so without anyone else’s permission, he cannot claim to have adversely possessed the property.

Additionally, it’s unreasonable for a probate estate to remain open for 20 years, and it should be concluded immediately with the property distributed properly. However, as I mentioned, I don’t believe your uncle meets the requirements for adverse possession in Michigan. These requirements include possession that is exclusive, open, without the owner’s permission, continuous, and uninterrupted for at least 15 years.