Understanding squatter laws is essential if you own rental property or vacant land in Michigan. This state, like many others, recognizes a legal pathway for squatters to gain ownership through adverse possession—a process that can catch many landlords off guard if they’re not prepared. Here’s everything you need to know about squatters rights in Michigan, how adverse possession works, and what property owners can do to protect their investments.
What Are Squatters Rights?
In Michigan, squatters rights refer to the legal concept of adverse possession. This doctrine allows an individual to claim legal ownership of land after occupying it for a specific period under certain conditions—even if they didn’t have permission from the rightful owner.
Why Do Squatters Have Rights?
Squatters rights exist to promote the productive use of land. Lawmakers historically created adverse possession laws to prevent land from sitting idle or abandoned for years. These laws reward individuals who take care of neglected property—by improving it, paying taxes, or occupying it long-term—with the possibility of legal ownership if the rightful owner does nothing to assert control.
Squatters Rights 30 Days: Does It Apply in Michigan?
While some states allow squatters to make claims after 30 days, Michigan law requires a significantly longer timeframe. Here, a squatter must occupy the property continuously for 15 years to qualify for an adverse possession claim.
How Do Squatters Rights Work in Michigan?
To claim adverse possession in Michigan, a squatter must meet these legal requirements, according to Michigan Legislature – MCL 600.5801:
- Hostile Possession: The occupation must be without the permission of the legal owner.
- Actual Possession: The squatter must physically reside on and use the property.
- Open and Notorious Possession: The squatter’s use of the property must be obvious and visible—not hidden.
- Exclusive Possession: The property cannot be shared with the owner or the public.
- Continuous Possession: The squatter must maintain uninterrupted possession for 15 consecutive years.
If all five conditions are met, the squatter may be eligible to file a legal claim to gain title to the property.
How Do Squatters File an Adverse Possession Claim?
A squatter seeking legal ownership through adverse possession must file a lawsuit in civil court. This is called a “quiet title action,” which formally requests the court to recognize the squatter as the new owner. The burden of proof is on the claimant, and they must show:
- Proof of residence (utility bills, mail, improvements made to the land)
- Testimonies from neighbors
- Property tax records (if applicable)
If the court finds all elements of adverse possession are met, it can issue a court order transferring title to the squatter.
What Are the Risks for Property Owners?
The biggest risk to property owners is inaction. If someone occupies your land and you don’t remove them within 15 years, you could legally lose ownership. This is why regular inspections, clear boundaries, and documentation are essential.
In some cases, squatting may also result in criminal charges—especially after recent updates to Michigan law.
Recent Legislation: Michigan’s Crackdown on Squatting
In 2024, Michigan passed HB 5070 (now Public Act 224), which established tougher penalties for squatting in single-family homes. First-time offenses are misdemeanors, while repeat violations can result in felony charges. This law gives police more authority to intervene and removes ambiguities between trespassing and squatting in certain cases.
How to Evict a Squatter in Michigan
If a squatter is living on your property, you cannot simply change the locks or kick them out. Michigan requires landlords to follow a legal eviction process:
- Serve a Notice to Quit: This written notice tells the squatter to vacate the premises.
- File an Eviction Lawsuit: If they don’t leave, you must file a “Complaint for Possession” in district court.
- Court Hearing: Both parties present evidence. If the judge rules in your favor, they’ll issue an order of eviction.
- Writ of Eviction: The sheriff will enforce the order, physically removing the squatter if needed.
Note: Police can only remove a squatter without court action if criminal trespassing is involved.
How Do Squatters Gain Rights in Michigan?
If a squatter can prove continuous, open, exclusive use of a property for 15 years, they may gain legal rights under adverse possession law. However, squatters do not have rights if:
- The possession was not exclusive
- There were significant gaps in occupancy
- The property was occupied with the owner’s permission
Understanding these boundaries is important for both claimants and owners.
How Do These Laws Affect Real Estate Sales?
Adverse possession can complicate real estate transactions. A buyer could unknowingly purchase a property subject to a squatter’s claim. Sellers and investors should:
- Conduct thorough title searches
- Visit and inspect properties in person
- Review tax and utility records for irregularities
These steps help avoid delays, disputes, or title litigation.
What Steps Can Property Owners Take to Prevent Squatters?
If you’re a landlord or real estate investor, here are key prevention strategies:
- Regular Inspections: Visit your property frequently—especially if it’s vacant.
- Post “No Trespassing” Signs: This reinforces that entry without permission is illegal.
- Secure the Premises: Install locks, alarms, or security cameras.
- Prompt Legal Action: Don’t wait. Act as soon as you notice unauthorized occupation.
Do Squatters Pay Property Taxes in Michigan?
Paying property taxes can strengthen a squatter’s claim—but it’s not required to win an adverse possession case in Michigan. However, some squatters pay taxes as part of proving actual and continuous use.
What About Squatters in Detroit?
Detroit has experienced a higher rate of abandoned properties in recent decades, which increases the potential for squatting. While Detroit follows the same 15-year adverse possession rule, local enforcement and housing agencies may have targeted initiatives for monitoring and managing vacant properties. Property owners in Detroit should be especially proactive.
How Do Landlords Handle Unauthorized Tenants or Trespassers?
Not all unauthorized occupants are squatters. Landlords should determine whether someone is a:
- Holdover Tenant (stayed after lease expired)
- Trespasser (entered without any rental agreement)
- Squatter (long-term unauthorized occupant who may claim adverse possession)
Each case requires different legal steps. When in doubt, consult an attorney.
Why Do Squatters Rights Exist?
You might wonder why these laws exist at all. In short, squatters rights serve a legal function—they prevent land from sitting abandoned, encourage property upkeep, and bring disputed ownership into the court system for resolution. They’re not meant to reward theft, but rather to settle long-term claims when true owners neglect their land.
Final Thoughts: Protecting Your Property in Michigan
Navigating squatters rights in Michigan can be challenging, especially for landlords managing vacant homes or inherited properties. But by understanding how adverse possession works—and acting quickly when someone occupies your property—you can avoid legal disputes and long-term losses.
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