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I have a question about land possession in the State of

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I have a question about land possession in the State of Michigan. This may get a little confusing but here goes. About 30+ years ago my Father, Grandfather and Uncle purchased 2 large pieces of land. When the deed/contracts were made out it stated that ownership goes by rights of survivorship. Years before my Grandfather died he signed his 1/3rd of the two properties over to my Dad, as a married man. We have used this property for hunting and recreation. We have also done all of the maintenance on the roads, and trails, and paid the property tax. To the best of my knowledge my Uncle hasn't stepped foot on that property in about 20 years. Unfortunately we lost my Dad unexpectedly last year. My question is does my Mom have any legal rights as an owner to the property?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Did you see my comment above?

Lawyer's Assistant: Has anything been filed or reported?

No not as far as I know. My mom has even gone as far as offering to buy it from him.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I think that is all

Submitted: 8 months ago.Category: Legal
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Answered in 12 minutes by:
12/13/2017
Lawyer: Barrister, Attorney replied 8 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,037
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Yes, mother inherits 2/3 of the property at least... When grandfather deeded over his 1/3, he ended the joint tenancy with right of survivorship. Conveying your interest to someone else kills a joint tenancy.. So that created a tenancy in common with father owning 2/3 and uncle owning 1/3.

.

However, if uncle hasn't been on the property or contributed anything to it at all, then mother could potentially claim the entire property under the legal doctrine of adverse possession. In Michigan the period of time for adverse possession must be at least fifteen (15) years. Michigan CLA §600.5801 So since father owned 2/3 and used and maintained it exclusively, mother could now claim that as the heir of father, she should be able to extinguish uncle's 1/3 interest under adverse possession..

.

She would have to file a "quiet title" lawsuit to argue this to a judge and see how he ruled...

.

But at the minimum, she owns 2/3 of it now..

.

.

thanks

Barrister

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Lawyer: Barrister, Attorney replied 8 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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