In Waisanen Family Trust v Superior Twp, 305 Mich App 719 (2014), the Court of Appeals rejected the defendant township's appeal of the trial court's determination that it was not entitled to statutory protection from the plaintiff's quiet title action based on alternate theories of adverse possession and acquiescence. The opinion has generated an uncommon amount of interest and concern by real estate professionals as well as townships and school districts.
The period of limitations applicable for adverse possession and acquiescence claims is 15 years. A recent published opinion by the Michigan Court of Appeals could greatly affect the ability of Michigan municipal corporations (including, potentially, public school districts) to protect their property ownership interests from claims for adverse possession or acquiescence brought by private parties.
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