Home > Uncategorized > Real Property Law Update: Proposed Michigan Bills – “Adverse Possession” and “Landlord Rights”

Real Property Law Update: Proposed Michigan Bills – “Adverse Possession” and “Landlord Rights”

Two House Bills have been introduced  affecting real property in Michigan – House Bill 5057 revising the adverse possession statutes and House Bill 5069 which revises the unlawful interference with a possessory interest statute (MCL 600.2918) and provides landlords additional rights to remove a wrongful trespasser.

 

 

HB 5057 “Slight Revisions” To Adverse Possession Statutes

 

This House Bill appears to slightly revise several Michigan statutes related to claims of adverse possession.

The proposed revisions affect the statute of limitations period for recovering real estate, MCL 600.5801, governmental immunity from the adverse possession statutes, MCL 600.5822, and certain presumptions regarding possession of land, but don’t seem to create any new substantive provisions, MCL 600.5867.

The only substantive proposed addition is regarding the statute of limitations, it provides that the statute of limitations period does not apply to a person if an adverse party is asserting a claim to the property based upon adverse possession.

The Proposed Bill was read and referred to the Judiciary committee.  See the Text: http://www.legislature.mi.gov/documents/2013-2014/billintroduced/House/pdf/2013-HIB-5057.pdf

 

 

HB 5069 “Trespasser Exception” to the Possessory Rights of a Tenant

 

This Bill was just introduced today and affects the Summary Proceeding Act – particularly it carves out an exception to MCL 500.2918 (defines unlawful intereference with possessory Interests of tenants). Any landlord who has gone through the process of evicting a tenant knows that, in the residential leasing context, there are heightened duties of landlords, and heightened rights of tenants.  Tenants have the right not to have their possessory interest in the property interfered with, without the proper court procedure being complied with (Summary Proceeding Action in District Court).

 

Traditionally, this right would also apply to a wrongful trespasser who occupies premises. A wrongful trespasser has a possessory interest in the property (by virtue of the fact they are squatting on the property) and if a landlord did not go through the proper procedures to evict that wrongful trespasser, the landlord could be subject to damages, including attorney fees.  This Bill would carve out an exception and allow landlords to peaceably remove trespassers, without filing a lawsuit.

 

The actual carve out language is:

If Tenant took possession of the premises by means of a forcible entry, holds possession of the premises by force after a peaceable entry, or came into possession of the premises by trespass…

 

See the text: http://www.legislature.mi.gov/documents/2013-2014/billintroduced/House/pdf/2013-HIB-5069.pdf

 

 

 

 

Questions? Email or call me.

Jeshua@dwlawpc.com

(616) 454-3883

http://www.dwlawpc.com

Advertisements
Categories: Uncategorized

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: