Q: Can a neighbor obtain the land that we use as an easement from my other neighbor through adverse possession?
My property is landlocked. My west neighbor owns the land we use as an easement. My East neighbor erroneously believes it’s her land that we use as an easement. I got a survey done and it confirms she’s in error. She continues to mow the lawn and maintain the easement we use as a driveway that is owned by my West Neighbor. She understands we use it as an easement. Can she gain title to the easement through adverse possession? In Michigan.
A:
You can't get title adverse to an easement through 'adverse possession' (there is such a thing as a 'prescriptive easement, but that's not what is going on here) and merely mowing grass doesn't create 'possession' that is 'hostile' to another's interest. Your east neighbor needs to look at her deed to see that the easement isn't mentioned so either: YOU are using the wrong strip of land to get access or SHE is mistaken about where her boundary is. Since you have a survey that shows you aren't using the wrong strip of land, what does that leave?
See http://legislature.mi.gov/doc.aspx?mcl-600-5821. Still have questions? Seek local legal representation! The initial conference will be inexpensive or even free, and it will go a long way toward explaining what your rights and responsibilities (the two DO go together!) are here. Indeed it makes some sense because WHENEVER there is an easement there is an opportunity for conflict, and having a full legal review of the deeds (plural!) insures that won't become a significant issue in the future.
-- 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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