Q: Can a renter pursue a quiet title action under MCL 600.2932?
Under that MCL, "Any person, whether he is in possession of the land in question or not, who claims any right in, title to, equitable title to, interest in, or right to possession of land" may seek such an action. Does a renter, through a lease, meet that criteria? Specifically, the last list item of "right to possession of land"?
Further explanation -My parents co-own a house. They have a property dispute with the neighbors over a strip of land between the 2 properties. I live here and pay them rent for access to the entire property, though my name is not on the title. They want to pursue quiet title but cannot afford a lawyer.
So can I simply pursue a legal action on my own as the lone Plaintiff and establish standing under the legal theory that whatever property rights my parents would have under the law to that disputed property, the right to possession would extent to me through lease-holder rights? The suit would seek to quiet the title to my parents (title holders)
A: The better course of action would be for you to hire a lawyer on your parents' behalf if you are financially able to do so. No sense muddling the waters - while I think your reading of the statute is correct, I'd anticipate opposing counsel raising it as an issue for attack, which will just add cost and time.
Kenneth V Zichi agrees with this answer
A: To bring your action, you have to have a fee simple interest in the property, which you do not have. However, nothing prevents you from assisting your parents from asserting their rights and you advance funds to help them do so.
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.