How do I resolve an easement or boundary dispute in Michigan?

1. Easement Types

Michigan recognizes express easements (written, recorded under MCL 565.25), easements by necessity, implied easements from prior use, prescriptive easements, and easements by estoppel.

2. Adverse Possession Elements

MCL 600.5801: 15-year period. Elements: actual, visible, open, notorious, exclusive, hostile, continuous, uninterrupted possession under claim of right for 15 years (Kipka v. Fountain, 198 Mich. App. 435). Clear and cogent evidence required.

3. Prescriptive Easement

15-year continuous, open, notorious, adverse use under claim of right (Plymouth Canton Comm. Crier v. Prose, 619 N.W.2d 725). No tax payment required. May tack successive uses by predecessors in title.

4. Quiet Title Action

MCL 600.2932 authorizes quiet title actions. Filed in circuit court of county where land sits. The action determines all interests claimed by named defendants.

5. Boundary Disputes

Michigan's acquiescence doctrine is robust: a 15-year recognition of a boundary line establishes it as the true line, regardless of original deed location (Sackett v. Atyeo, 217 Mich. App. 676). Three theories: acquiescence following dispute, acquiescence for statutory period, and acquiescence arising from mutual mistake.

6. Encroachment Remedies

Michigan applies a relative hardship balancing test for innocent encroachments. Mandatory removal favored for willful or substantial encroachments.

7. Express Easement Termination

Release, merger, abandonment (nonuse PLUS overt acts showing intent), expiration. Mere nonuse insufficient.

8. Marketable Title

Michigan Marketable Record Title Act, MCL 565.101 et seq.: 40-year root of title extinguishes prior interests unless preserved by recorded notice.

9. Litigation / Mediation

Circuit court for quiet title. District court for boundary disputes under $25,000. Case evaluation under MCR 2.403 often required.

This is legal information, not legal advice.