If meighbor has been crossing my vacant lot’s corner to enter and exit garage for probably more than 15 years, do I have any recourse?

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If meighbor has been crossing my vacant lot’s corner to enter and exit garage for probably more than 15 years, do I have any recourse?

I’m considering buying a vacant residential lot. It appears that the neighbor garage faces onto the lot such that he drives across the lot’s corner to enter and exit. I do not yet have a survey to prove. Present owner claims no knowledge. If neighbor has indeed been trespassing in this way for more than 15 years, would I have any recourse as the new owner?

Asked on July 18, 2012 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the neighbor has been using a portion of the property that you are considering purchasing for more than fifteen (15) years you may be buying real property subject to a prescriptive easement with respect to that particular neighbor's use.

Before you buy the property, you should speak with the neighbor as to whether he or she claims an interest in the land. If not, then you should have the neighbor sign a disclaimer before a notary public regarding such. I suggest that you speak also with a real estate attorney about the facts of the matter that you are writing about.

 


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