Q: Can my new neighbor have a survey done and just take my lake front that I've owned for 25 years?
I have owned a lot (one acre) on a small lake in Michigan for 25 years. A new neighbor moved in and had a survey done and now claims he owns my entire lake frontage. The lot I live on has been in existence since the 1950s, including lake front. Can he just take the main thing that makes my property worth money if I need to sell? Can he stop me from using my lake? He says he is going to put up a fence to block access to the lake. I am an older widow and don't know what to do.
A:
Anyone can do a survey, but if you have 'continuous open and hostile' possession of the land under 'right' then you can claim adverse possession even if the 'descriptions' of the lots don't imply you own what you thought you owned. You need to bring all the paperwork for your property and the survey to a local real estate attorney to review to determine if your case fits the law to allow such a claim. LOTS of things may have gone wrong here -- do your land descriptions conflict, has there been a 'remonumentation', was either your survey or his in error? What do the taxing authorities show as the property borders?
Seek local legal help! This is complicated and technical and can lead to real issues if not dealt with quickly!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
