REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.5829 Accrual of claim; right of entry or recovery of possession of land.
Sec. 5829.
The right to make an entry on, and the claim to recover land accrue:
(1) Whenever any person is disseised, his right of entry on and claim to recover land accrue at the time of his disseisin;
(2) When he claims as heir or devisee of one who died seised, his claim accrues at the time of the death, unless there is another estate intervening after the death of the ancestor or devisor in which case his claim accrues when the intermediate estate expires or would have expired by its own limitation;
(3) When there is an intermediate estate, and in all other cases where the party claims by force of any remainder or reversion, his claim accrues when the intermediate or precedent estate would have expired by its own limitation, notwithstanding any forfeiture of the intermediate or precedent estate for which he might have entered at an earlier time.
(4) The provision of (3), does not prevent any person from entering when he is entitled to do so by any forfeiture or breach of condition, but if he claims under either of them his claim accrues when the forfeiture is incurred or the condition broken.
(5) In all cases not otherwise provided for, the claim accrues when the claimant or the person under whom he claims first becomes entitled to the possession of the premises under the title upon which the entry or action is founded.
History: 1961, Act 236, Eff. Jan. 1, 1963
Notes of Decisions
Cited in
55
cases (
14 in the last 5 years), 1978–2025 · leading case:
Wengel v. Wengel
Wengel v. Wengel (2006)
michctapp · cites it 4×
“To claim by adverse possession, one must show that the property owner of record has had a cause of action for recovery of the land for more than the statutory period.”
Adams v. Adams (2007)
michctapp · cites it 2×
“” MCL 600.5829(1). A party may lose title to real property when another claims ownership not under any deed, but through *720 visible, open, notorious, hostile, and continuous possession of the premises for the statutory period.”
Hart v. City of Detroit (1982)
mich · cites it 4×
“[8] The only specific accrual provision that arguably applies is MCL 600.5829; MSA 27A.5829, which sets the time of accrual for claims to recover land.”
Vanslembrouck v. Halperin (2009)
mich · cites it 2×
“The claim accrues at the time provided in sections [MCL 600.5829 to 600.5838], and in cases not covered by these sections the claim accrues at the time the wrong upon which the claim is *923 based was done regardless of the time when damage results.”
Blazer Foods, Inc v. Restaurant Properties, Inc (2004)
michctapp
“The claim accrues at the time provided in [MCL 600.5829 to MCL 600.5838 4 ], and in cases not covered by these sections the claim accrues at the time the wrong upon which the claim is based was done regardless of the time when damage results.”
Stephens v. Worden Insurance Agency, LLC (2014)
michctapp
“5827 describes that a “claim accrues at the time provided in [MCL 600.5829 to MCL 600.5838], and in cases not covered by these sections the claim accrues at the time the wrong upon which the claim is based was done regardless of the time when damage results.”
Schaendorf v. Consumers Energy Co. (2007)
michctapp · cites it 2×
“The claim accrues at the time provided in sections 5829 to 5838 [MCL 600.5829 to MCL 600.5838], and in cases not covered by these sections the claim accrues at the time the wrong upon which the claim is based was done regardless of the time when damage results.”
Canjar v. Cole (2009)
michctapp
“MCL 600.5829. “Disseisin occurs when the true owner is deprived of possession or displaced by someone exercising the powers and privileges of ownership.”
Miller-Davis Co. v. Ahrens Construction, Inc. (2012)
michctapp
“5827 provides that except for cases covered by MCL 600.5829 to MCL 600.5838, “[a] claim accrues at the time the wrong upon which the claim is based was done regardless of the time when damage results.”
Kristopher S O'Leary v. Christine a O'Leary (2017)
michctapp
“The claim accrues at the time provided in [ MCL 600.5829 to MCL 600.5838], and in cases not covered by these sections the claim accrues at the time the wrong upon which the claim is based was done regardless of the time when damage results.”
— Mich. Comp. Laws § 600.5829(1) — 9 cases
Adams v. Adams (2007)
michctapp
“” MCL 600.5829(1). A party may lose title to real property when another claims ownership not under any deed, but through *720 visible, open, notorious, hostile, and continuous possession of the premises for the statutory period.”
Wengel v. Wengel (2006)
michctapp
“To claim by adverse possession, one must show that the property owner of record has had a cause of action for recovery of the land for more than the statutory period.”
— Mich. Comp. Laws § 600.5829(2) — 2 cases
— Mich. Comp. Laws § 600.5829(3) — 2 cases
Wengel v. Wengel (2006)
michctapp
“To claim by adverse possession, one must show that the property owner of record has had a cause of action for recovery of the land for more than the statutory period.”
— Mich. Comp. Laws § 600.5829(5) — 1 case
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