Litigation Department Chair Wins Adverse Possession and Boundary Acquiescence Year-Long Case
Fraser Trebilcock Litigation Department Chair, Thad Morgan, prevailed at trial in a Washtenaw County Circuit Court case involving claims of adverse possession and boundary acquiescence.
Fraser Trebilcock Litigation Department Chair, Thad Morgan, prevailed at trial in a Washtenaw County Circuit Court case involving claims of adverse possession and boundary acquiescence. Fraser Trebilcock's client, a family trust, sold property in 1988 to a corporation. At the time of the sale, no survey was done, and for over 20 years the parties acted as though the understood boundary was the true boundary.
After discovering the mistake in 2012, the corporation demanded possession of the disputed parcel, and a lawsuit began. With a year of litigation and a one day bench trial, the court ruled in favor of the trust and rejected the corporation’s defenses of unclean hands and fraud. In its ruling, the court stated that Fraser Trebilcock's client had proven its right to ownership and possession of the disputed parcel not just by a preponderance of the evidence, but beyond all reasonable doubt.
Thaddeus E. Morgan is the immediate past president of Fraser Trebilcock and currently serves as the firm's State Capital Group voting representative. A former assistant prosecutor and assistant attorney general, he has over 20 years of litigation experience. Thad was recently named the Best Lawyers in America© 2015 Construction Litigation "Lawyer of the Year" in Lansing. He can be reached at tmorgan@fraserlawfirm.com or 517.377.0877.