Posted by Paul Repasky on 9/05/06

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I live in the State of Michigan. I purchased a lot
described with meets and bounds decscription and being
part of Outlot 2 of this plat. The dedication on the plat
states that all drives, walks, parks and reserved areas
are for the benefit of all owners and assigns of land
subject to reasonable rules as may be adopted. There are
very valuable park and walk areas, such as beach frontage
and for lake views. The plat was recorded in 1898.

In 1947 a property association was established and in 1985
the same association filed an affidavit of adverse
possession of the parks, drives and walks. The County
Register of Deeds immediately labeled the association as
owners of same lands, apparently based on this afidavit.

When I purchased our property, I was told by the real
estate companies that the property has beach access. But
because tree trimming rights are provided, they ask that
we do not use the beach.

Recently, The association said that tree trimming will no
longer be allowed and that we should be responsible and
not sell our properties with tree trimming rights.

Does the association have all the rights to the parks,
drives and walks by simply filing an affidavit of adverse
possion and take away all ownership of the properties in
the outlots? What can we do to make reasonable rules and
take back our parks, walks and reserved areas?

adverse possession, 9/05/06, by Paul Repasky.

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