It sounds like no one did a title search on the last purchase and possibly the one before. If the property was listed and sold by a third party, they are going to need to see if there was either a title search or a deed with property description or if they just did the lazy thing and took the owner at their word.
Quote Originally Posted by EastsideAl View Post
I think the standard is consistent use, and is not fully dependent on ownership. I own property in Ontario that has adverse easements [[as they are termed there) which have passed from owner to owner to owner. The seller just have to give notice to the buyer that they are passing on a possible adverse situation. Ontario and Michigan property laws differ, obviously, but have their roots in the same common law doctrines. I believe that the area in question has been used for parking and other uses for that restaurant since it was built in the '60s.