Monroe v. Rawlings

331 Mich. 49, 49 N.W.2d 55 (1951)

 

RULE:

To constitute possession, it is not necessary that the land should be enclosed with a fence, or that the same should be cultivated or resided upon, or that buildings should be erected thereon. It is sufficient if the acts of ownership are of such a character as to openly and publicly indicate an assumed control or use such as are consistent with the character of the premises in question. 

FACTS:

Plaintiff sought to recover possession of a section of land taken by defendants through adverse possession. The defendants denied that plaintiff ever had title and claimed title under a tax deed and adverse possession. The Circuit Court awarded possession of the section of land to defendants based their adverse possession. The case was appealed to the Supreme Court of Michigan. The court affirmed that the defendants held title in the land by adverse possession. Therefore, the plaintiff's claim to recover possession of the land failed.

ISSUE:

Did the defendants acquire title through adverse possession?

ANSWER:

Yes

CONCLUSION:

The court held that defendants acquired title by adverse possession for over fifteen years consisting of such open and public use, acts of ownership, and assumption of control as were consistent with the character of the premises and to which alone the land was adapted.

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