What Are the Legal Steps for Contesting Property Ownership Claims? 

Discovering that someone else is claiming ownership of your property can be a shocking and unsettling experience. Whether it's a neighbor disputing a boundary line, a family member challenging an inheritance, or a stranger filing a fraudulent deed, these situations require immediate and strategic action. 

Attempting to resolve these matters on your own can lead to costly mistakes and even the loss of your property. That's why having a knowledgeable attorney on your side is so important for a successful outcome. 

At Confidant Consult, PLLC, our attorneys have dedicated years to helping clients protect their property rights in Grand Rapids and across Michigan. We understand the stress property disputes cause and offer clear, direct, and actionable legal support. We believe in developing long-term partnerships with our clients and strive to find the best solutions for their needs. 

What to Do When Your Property Ownership Is Challenged

When you first learn of a competing claim to your property, it's natural to feel a mix of anger and confusion. However, your initial actions can significantly affect the resolution of the dispute. It's important to stay calm and methodical. 

First, gather every document you have related to the property. This includes your deed, title insurance policy, property survey records, mortgage documents, and any tax records. If the dispute involves an inheritance, locate the will or trust documents. These papers are the foundation of your ownership claim and will be the first things we review. 

Next, avoid direct confrontation with the person making the claim. Heated arguments rarely solve anything and can make the situation worse. Instead, let your documents and your legal representative do the talking.

Do not agree to or sign anything without legal advice. A seemingly harmless agreement could unintentionally weaken your position or sign away your rights. Document any interactions you do have, noting the date, time, and what was said. 

Finally, contact a property law attorney right away. The sooner you get professional guidance, the more options you will have. We can help you understand the nature of the claim against you and create a strategy to defend your ownership. Early intervention can often prevent a dispute from escalating into a long and expensive court battle. 

Understanding Different Types of Property Ownership Claims

Property ownership disputes can arise in many forms. Identifying the type of claim you are facing helps determine the best path forward. 

Boundary Disputes 

These are among the most common property disputes, often occurring between neighbors. A boundary dispute might start when one party builds a fence, shed, or driveway that the other believes encroaches on their land.

These disagreements often stem from old, inaccurate, or conflicting property surveys. Resolving them usually involves obtaining a new, certified survey to establish the correct property lines. 

Quiet Title Actions 

A quiet title action is a lawsuit filed to "quiet" competing claims on a property and establish a clear title for one party. This legal action is necessary when there are questions about who the actual owner is.

Situations that might require a quiet title action include breaks in the chain of title, fraudulent deed transfers, competing claims by heirs, or liens by creditors that cloud title. The goal is to obtain a court judgment binding on all potential claimants, thereby making the title clear and marketable. 

Adverse Possession Claims 

This is a legal doctrine under which a person who is not the legal owner can acquire ownership of a property by openly and continuously occupying it for a specified period without the owner's permission.

In Michigan, this period is generally 15 years. The person claiming adverse possession must prove their use of the property was actual, visible, open, notorious, exclusive, continuous, and hostile for the entire statutory period. Defending against an adverse possession claim requires showing that one or more of these elements were not met. 

Easement Disputes 

An easement grants someone the right to use a portion of another person's property for a specific purpose, such as a driveway or utility lines. Disputes can arise over the scope, location, or existence of an easement.

For example, a landowner might try to block a neighbor's access to a shared driveway, or a new owner might be unaware of a utility company's right to access part of their yard. 

The Legal Process for Contesting a Claim

Once you have legal representation, we will begin the formal process of contesting the claim against your property. This process is structured to resolve the dispute either through negotiation or, if needed, a court's decision. 

The first phase is investigation and evidence gathering. We will conduct a thorough title search to trace the history of ownership and identify any issues. We may also hire a licensed surveyor to create an updated and accurate map of the property boundaries. We will collect all relevant documents, interview witnesses, and compile a strong case file to support your ownership rights. 

Next, we will typically send a formal communication, often called a demand letter, to the opposing party. This letter states your position, presents the evidence supporting your ownership, and demands that the other party cease their claim or actions. This can sometimes lead to a quick resolution, as it shows you are serious about defending your rights and have legal backing. 

If the demand letter does not resolve the issue, negotiation or mediation may be the next step. Mediation involves a neutral third-party mediator who helps both sides try to reach a mutually agreeable settlement. This process is less formal than court and can save time and money. We will represent you during these negotiations, working to protect your interests while seeking a practical solution. 

If a settlement cannot be reached, filing a lawsuit becomes necessary. For many property disputes, this means filing a quiet title action. The lawsuit formally asks the court to determine the ownership of the property.

The process involves filing a complaint, serving the other party, exchanging evidence (discovery), and presenting arguments in court. We will handle all aspects of the litigation, from drafting legal documents to representing you at trial. 

Michigan Laws Governing Property Disputes

In Michigan, property laws provide a framework for resolving ownership conflicts. One of the most significant concepts is adverse possession, governed by a 15-year statutory period.

To successfully claim adverse possession, the claimant must demonstrate that their possession was hostile, meaning it was against the rights of the true owner and without their permission. Their use must also be open and notorious, making it evident to anyone, including the owner, that they were using the land as their own. 

Michigan law also provides for "acquiescence" as a means of settling boundary disputes. There are three types of acquiescence: acquiescence for the statutory period (15 years), acquiescence following a dispute and agreement, and acquiescence arising from an intention to deed to a marked boundary. If two neighbors have treated a specific line as their boundary for 15 years, the court may recognize that line as the legal boundary, even if it differs from what the deeds say. 

For quiet title actions, Michigan courts require the plaintiff to establish a "prima facie" case of title. This means you will need to present evidence that, on its face, proves your ownership. Once you have done that, the burden of proof shifts to the defendant to establish that they have a superior title. This legal structure is designed to bring finality to ownership questions and create a clear, insurable title. 

Civil Litigation Attorney in Grand Rapids, Michigan

Property ownership disputes in Michigan can be emotionally taxing and financially draining, but they do not have to define your future. With proper legal guidance, you can settle these disagreements professionally and for good.

At Confidant Consult, PLLC, our attorneys represent residents of Grand Rapids and people across Michigan. We fight for your property rights, guide you through each legal step, and bring clarity to your circumstances. Call our office today to learn how we can help resolve your dispute.