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Questions Answered by David Soble
3 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: I bought a house in Michigan that has an easement (Ingress, Egress, and Utility) to 10 acres that is landlocked.

The 10 acres is only land but I spoke with the owners and they stated they plan to build a house there.

Are they allowed to build a house with the type of easement it is?

Do they have full rights to use the easement as a daily driveway?

Any way I can prevent this?

David Soble
David Soble answered on Oct 29, 2020

There is somethin called an easement by necessity. An easement by necessity is an easement implied by law in favor of grantees/ owners that have no access to their land except over other lands owned by the grantor or a stranger. The law will imply an easement over the grantor's land when such... Read more »

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2 Answers | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: If a couple has one of the sets of parents living with them in Michigan, is that considered, generally, “multi family?

Wife and I are living in our daughters and son in laws basement in Gainesville, GA. Son in law has taken a new job in Michigan. Daughter, wife, and I are planning to follow him as soon as Gainesville house is sold. Many of the Michigan houses we’ve looked at online have a basement that a) has or... Read more »

David Soble
David Soble answered on Oct 29, 2020

A multi-family home is a single building that's set up to accommodate more than one family living separately. The key word is "separately." Multi-family properties are often apartment buildings or duplexes. What your proposing or questioning has to do with the municipal codes.... Read more »

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3 Answers | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: Our landlord just died, no will. His sister wants no expense of a second home; she thought of transfering mortgage to us

The sister and brother are only heirs, the brother wants nothing. The sister said the landlord talked highly of us, she cannot have the expense of a second mortgage & she would like us to have the home yet needs to figure out the mortgage. She had asked us to keep depositing our monthly... Read more »

David Soble
David Soble answered on Oct 29, 2020

Well you can continue to pay under the lease as if the Landlord had not passed. However, if you like the home, as the landlord's heirs are willing to sell it to you, go get a mortgage, or at the very least have a new sale agreement drafted. But before you do anything, the title to the home... Read more »

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1 Answer | Asked in Real Estate Law for Michigan on
Q: I have a claim for adverse possession and need help, land bank sold my yard! Been on my home 10 yrs

Lived in my home 10 yrs. my yard is fenced off by a privacy fence that’s attached to my home. Literally to the masonary of my home. Recently my neighbor tells me they bought my yard 25 feet of yard that’s btwn our homes. The Detroit Land Bank sold it, saying it was a lot. Sum1 dropped the ball... Read more »

David Soble
David Soble answered on Sep 19, 2020

Generally, to prevail in a claim for adverse possession, you will need to show the following:

1. Your use was open and notorious. Your use can't be secretive or hidden. Use is open to the public.

2. Hostile. Which means the use infringes upon the rights of the owners of...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: My husband and I are considering financing a loan to help children purchase a home. When can we quit claim deed to them

We would like to not keep this home in our name just need to know how long before when we can turn it over to them or sign a quit claim deed?

David Soble
David Soble answered on Oct 3, 2020

Good question. If you are providing your own financing ("seller financing") then you can help both you and your children by creating a land contract whereby your kids pay a monthly payment based upon a set sales price. Once the installment payments have all been made, you can then... Read more »

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2 Answers | Asked in Real Estate Law, Civil Litigation, Civil Rights and Land Use & Zoning for Michigan on
Q: Our new houses well is dry, no issues were disclosed, and we've already closed. Are the sellers financially responsible?

I moved my family into a new house in Quincy, Michigan. A day after moving in, our water stops working. It turns out the well is dry, and the whole area is just bad for water. We spoke with multiple well contractors and learned that we can install a good well about 100 yards from the house at the... Read more »

David Soble
David Soble answered on Oct 3, 2020

Fraud is the legal action to be taken against a seller who knowingly and willfully disregards the truth of the home's condition prior to sale in order that a buyer relies upon these misleading statements. Your ability to maintain a successful action for fraud will be dependent on the... Read more »

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2 Answers | Asked in Real Estate Law and Small Claims for Michigan on
Q: First rain after closing on a house it leaks in 2 different locations. Disclosure statement said no leaks. Any recourse?
David Soble
David Soble answered on Oct 3, 2020

Fraud is the legal action to be taken against a seller who knowingly and willfully disregards the truth of the home's condition prior to sale in order that a buyer relies upon these misleading statements. Your ability to maintain a successful action for fraud will be dependent on the... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I own property in Emmet county Michigan that I still owe on (25% of the original contract). can I sell a portion of it
David Soble
David Soble answered on Jul 10, 2020

It will depend on what your contract provisions say. Have an attorney review the terms of the agreement.

Www.provenresource.com

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2 Answers | Asked in Real Estate Law for Michigan on
Q: If my neighbor's yard drain fails and causes flooding on our property (& basement) are they liable for damages?

We really want them to (reasonably) fix the water issue so it doesn't happen again. They are not appearing to be cooperative. What rights do we have?

David Soble
David Soble answered on May 13, 2020

Depending upon the amount of damages claimed and the evidence the damages resulted from your neighbor's defective drain, litigation may be your only alternative to seek redress - if your neighbor fails to acknowledge or cooperate with resolving the matter. Sometimes just a filing of a suit may... Read more »

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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: Right of easement?

We own a house with a neighbor who we share a driveway with. We also have woods behind us. The property line is a little uneven, but splits the property in half for the most part. Unfortunately, part of the neighbors property is the edge of the start of our driveway. In our deed, when we bought the... Read more »

David Soble
David Soble answered on Apr 29, 2020

Is there a private road agreement between you? Usually when homeowners share a driveway there is a private road agreement. You may have pull a title abstract to verify this. This will determine the parties rights, BEFORE you have to go to court without any legal guidance.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I'm buying a house that has a tenant living in the house. The purchase agreement was in place before the governor place

the say at home order. I'm afraid the tenant is not going to move. The agreement was I get the keys at closing. Can I legally make them move?

David Soble
David Soble answered on Apr 29, 2020

Your hold over seller becomes a tenant after the sale closes and so if they do not move timely, you will have to file an eviction action. Depending on where you live right now, because of the pandemic lock down, many courts are closed and will not hear eviction actions. So you need to be aware of... Read more »

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3 Answers | Asked in Real Estate Law for Michigan on
Q: We have received a Notice of Hearing for a PAO Petition and Order, from protected person's Trust we sold a house on L.C.

They bought the Land Contract out in 2018. I thought we had nothing else to do with this property as I hired a Title Co. (Michigan) and what turned out to be a double-dealing attorney. I don't know what a PAO is. I know what a POA is Power of Attorney, but this PAO

David Soble
David Soble answered on Apr 29, 2020

I handle quite a bit of land contact issues for client for over 30 years. I have no idea what a PAO is or what it has to do with the land contract at issue.

So I would need to see what this document says before I comment further.

David Soble

www.provenresource.com

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1 Answer | Asked in Foreclosure for Michigan on
Q: Why would our servicer close our foreclosure with their attorneys?

We are facing foreclosure, so we applied for a modification & our servicer put the proceedings on hold with their attorneys while a a decision is made. Saturday, my online account showed there was a decision made, but the mod Dept says there hasn't been any decision. I contacted the... Read more »

David Soble
David Soble answered on Mar 23, 2020

With the current pandemic, if your loan is an FHA or FNMA loan, there is an adjournment of foreclosures for 60 days right now. If the virus still lingers, then I speculate that further mortgage foreclosure relief will be coming. Nothing can happen in the foreclosure process and the lender will... Read more »

3 Answers | Asked in Real Estate Law for Michigan on
Q: A related question. Dad put sis on his deed. He wants to add me. Does sis have to agree?
David Soble
David Soble answered on Mar 21, 2020

When it comes to deeds, there has to be an agreement by the Grantee to take delivery. If the Grantee does not want to take delivery of a property, then there is no conveyance. However, Grantors do not have to ask an intended Grantee if they want to be named on the deed with another party. There... Read more »

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: I am moving from a home and am having a walk through done without a prior check list from when I first moved in can they

Withhold my deposit if they never renewed my lease and redid a new checklist

David Soble
David Soble answered on Mar 21, 2020

The importance of a move- in check list cannot be stressed enough. However if there is no move in check list, then the landlord has the same issue as you do - attesting to the former condition of a home. So if there is a dispute as to the move-out condition, it's your word against theirs.

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1 Answer | Asked in Real Estate Law for Michigan on
Q: I signed a NDA and Purchasers Agreement for Commercial Real Estate & the Landlord is telling me not to deal with Broker

I had to sign the NDA prior to getting the complete full listing of the Commercial Retail space. After that, I then initialed the Purchasers agreement, and the Broker told me that I had two weeks after acceptance from the Seller to back out or terminate the deal then I could. Well I haven't... Read more »

David Soble
David Soble answered on Feb 20, 2020

It depends on what the Non -Disclosure Agreements says. Usually in a commercial brokerage agreement there will be some provision dealing with Non-Circumvention of the broker.

Once listings or buyers agreements are endorsed with a broker, the signor may be obligated for a sales commission...
Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: Can I find out when someone actually vacated a house I own half of?

I was quit claim deeded 1/2 a house/land when my step dad died. He also made provision for his gf to live there one year after he died. The house is now vacant but I believe she moved out long ago and my 1/2 sister, the other owner chose not to have her attorney notify mine that the house was... Read more »

David Soble
David Soble answered on Feb 19, 2020

If you have a half interest in a home as tenants in common with another owner, you can sell your interest without the other owner's permission. You can also file a partition action that requests that the court to order that the home be sold and the sales proceeds, split in accordance with your... Read more »

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1 Answer | Asked in Real Estate Law for Michigan on
Q: Easement had verbal when my dad was alive now he is gone and the Paper and timber co.'s want big $$ to have access

My father had verbal easement from them and he is dead they don't know my brother or myself so we are screwed I think. Is it possible being they gave them permission in past

David Soble
David Soble answered on Feb 16, 2020

There is no such thing as a 'verbal easement." This is pursuant to a long standing legal doctrine known as the "Statute of Frauds." The Statute of Frauds requires that agreements related to real estate are reduced to writing in order to prevent fraud. Therefore all contracts... Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: What happens if we are unable to get rid of all of the household items before the new owners move in?

My son inherited my ex-husband's house after his death. My son is three hours away at college, so we (myself and husband) have been responsible for cleaning the house out. The house sold, and the new owners will take possession in couple of weeks. We've had an estate sale, and now have... Read more »

David Soble
David Soble answered on Feb 16, 2020

Generally, purchase agreements require that a home be vacated by the seller before a closing. That would include the seller's personal property. Buyers should perform a 'final walk through" of a home before a closing to ensure that the home is in the same condition that it was at... Read more »

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3 Answers | Asked in Real Estate Law for Michigan on
Q: My husband and I are joint owners of our home. He passed away, and I would like to transfer the deed into my name.

What documents do I need, and where do I go to get the transfer done?

David Soble
David Soble answered on Feb 16, 2020

A copy of the recorded deed should be sufficient if it states that you and your former husband owned the property as "husband and wife" or "jointly with rights of survivorship." If this 'magic language' is not contained in the deed, then you will need to consult with... Read more »

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