Quiet title; Adverse possession; Elements; Marlette Auto Wash, LLC v Van Dyke SC Props, LLC; Hostility; Houston v Mint Group, LLC; Exclusivity; Astemborski v Manetta; Acquiescence; Tacking

The court held that the trial court properly determined that intervenors-the Hallbergs and the Westerweels acquired title to the disputed lakefront boulevard areas by adverse possession. Plaintiffs sought to quiet title to portions of platted boulevard property between the road and Emerald Lake, while the Hallbergs and Westerweels claimed ownership of their respective beach areas by adverse possession based on long-term use of docks, boats, and shoreline access. The trial court granted summary disposition to the Hallbergs, found that the Westerweels also proved adverse possession, and later denied plaintiffs’ posttrial motion. On appeal, the court held that plaintiffs’ challenge to the Hallbergs failed because they did not address the trial court’s dispositive finding that title to the Hallberg beach had already vested by 1979, and their failure to confront that basis for the ruling “obviates the need for appellate review.” The court next held that the trial court did not err in finding hostility as to the Westerweel beach, explaining that “hostile” is a term of art meaning use inconsistent with the true owner’s rights and without permission, not personal animus. The court noted that the Westerweel family had treated the property as its own for about 70 years, continuously maintained a dock, and exercised rights consistent with riparian ownership. It also rejected plaintiffs’ claim that acquiescence by neighbors showed permission, reasoning that the absence of objections did not defeat hostility. The court finally held that tacking was proper because the property remained in the same family for decades, making privity of estate clear. Affirmed.