Adverse Possession Letter

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Rachel Benson

252 North Calhoun Street


Lapeer, MI 48446
January 3rd, 2024

Family Literacy Center


311 Higgins Street
Lapeer, MI 48446

Re: Adverse Possession Claim

Dear Mr. Churchill,

I hope this letter finds you well. I am writing to address a matter of concern re-
garding a portion of property adjacent to both our parties. According to my
records and observations, it has come to my attention that I have been openly,
continuously, and adversely possessing a section of your property for a period ex-
ceeding the statutory requirements for adverse possession in Michigan.

This claim is based on the following factors:


1. Open and Notorious Possession: My possession of the disputed area has been
visible, obvious, and not concealed from anyone, including you.
2. Continuous Possession: I have consistently occupied and maintained the dis-
puted area without interruption for the statutory period specified by Michigan
law.
3. Hostile Possession: My use of the property has been without your permission
and has been against your property rights.

I do not believe it is in either parties best interest to have this matter tied up in
litigation for the foreseeable future. I am providing this letter as a formal notice of
my adverse possession claim in an effort to resolve this matter amicably. I pro-
pose that we engage in a constructive dialogue to discuss the initial complaint of
the gutter downspout installation and your acquiescence to the disputed area of
land that I have had possession of statutorily. Until this dispute is resolved, you
are hereby notified by the person in lawful possession of said premises that I do
not authorize you or a representative to enter the premises in dispute. If you or
anyone acting on behalf and/or doing work for The Family Literacy Center are
deemed in violation of this notice, you may be subject to arrest and prosecution.

Please consider this letter as an invitation to discuss the matter further. I believe
that a reasonable and fair resolution can be achieved through open communica-
tion. I kindly request a response no later than January 31st, 2024 to address this
issue. If I do not receive a response within this time frame, I will have no choice
but to explore legal avenues that will include compensation for the labor and ma-
terials used to install the current retaining wall, the cost associated for the re-
moval of the walnut tree that was causing damage to the previous retaining wall,
and to protect my rights with regard to the property in dispute.

I appreciate your prompt attention to this matter and look forward to resolving it
in a manner that is fair to both parties.

Regards,
Rachel Benson

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