East Lansing, MI asked in Land Use & Zoning and Real Estate Law for Michigan

Q: How do I acquire property where the owner is unknown and it has been vacant for at least 10 years or more?

I have been down to the registrar of deeds for my county and the search ended in a dead end. The assistant registrar told me start adverse possession process. He also told me that create or get a quick claim deed drawn up and have it recorded.

3 Lawyer Answers
David Soble
PREMIUM
David Soble
Answered
  • Real Estate Law Lawyer
  • Farmington Hills, MI
  • Licensed in Michigan

A: Please know that in Michigan an action for adverse possession requires 15 years.

To prevail there must be actual, visible, open, notorious, exclusive, hostile, continuous, and uninterrupted use of the property by the person filing for the right to possess the property. Just because the property is "abandoned," someone must be paying property taxes to keep it from tax foreclosure. My suggestion is that you go to the property tax department and see whose name is on the tax bill, then write to them that you have an interest in their property.

Remember, only licensed attorneys can dispense legal advice. Court clerks, real estate agents, accountants, etc must be a licensed lawyer to provide legal advice.

Kenneth V Zichi agrees with this answer

Kenneth V Zichi
Kenneth V Zichi
Answered
  • Real Estate Law Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: I agree with Mr Soble's answer which is 'dead on'. Please appreciate especially his last line "only licensed attorneys can dispense legal advice."! I have OFTEN heard of accountants or real estate people saying things like 'Oh I can prepare that (legal document) for you.' and the results are never pretty.

For example, there is no such thing as a 'quick claim deed'. MANY people mis-hear quit claim as quick claim but the thing just doesn't exist, and if a q

Kenneth V Zichi
Kenneth V Zichi
Answered
  • Real Estate Law Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: uit claim is done incorrectly, it can cause all SORTS of issues.

Seek competent local legal help from a licensed attorney!

-- 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

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