answered on Aug 23, 2022
Generally speaking, "no" but an attorney would need to review the HOA by-laws.
See more at: www.provenresource.com
My mother and I were ( I believe) wrongfully evicted from land that we had been renting to own for 12 years, and due to a blight complaint while cleaning out our garage (we all fell ill and had to stop working for a week or so) the guy we bought the land from said we had to give him 30,000 dollars... View More 
answered on Aug 23, 2022
A real estate attorney familiar with land contract law would need to review the default provisions of the land contract. Additionally, there is a legal process for forfeiture on a land contract. See more at: https://provenresource.com/land-contract-law/
My sister and I are currently the co-owners of a house in Michigan. I am doing a quit claim deed to give her my half of the house. What does the above mean?
answered on Aug 23, 2022
Generally, property conveyances between family members are exempt from the state and country tranfer taxes which is e 8.6% per $1000. You must state the proper state or exemption on the deed. See more at https://provenresource.com/deeds/
Civil attorneys are hard to find. Where can I find one in detroit metro, michigan.
answered on Aug 4, 2022
A majority of lawyers are no different than doctors, accountants, or other licensed professionals. They are in business for profit. Fortunately, there are resources through the Michigan State Bar Association for a referral to an attorney or legal aid society who may be able to assist at a... View More
I received a forfeiture notice today my land contract do not have a forfeiture clause does she have to foreclose
answered on Jul 29, 2022
When it concerns a Michigan land contract, default remedies must be spelled out in the provisions of the agreement. The legal language must give the seller the ability to proceed with a forfeiture, otherwise, the seller will need to proceed with other remedies. See more about land contracts at:... View More
The lot is .52 acres, however with the easement the home and yard are on .30 acres the rest is easement
answered on Jul 25, 2022
You will need to pull a copy of the easement agreement from the county recording office. Proceeding without permission from the entity that owns the easement is risky. Is this a utility easement or sewer easement? Who owns this easement? You risk having to take down the garage at a later date if... View More
The sellers are now saying they will not leave the hot tub despite the PA agreement they signed. Not sure how to proceed.
answered on Jul 20, 2022
A purchase agreement is a legally binding contract. Generally speaking, If the seller represents that an item will remain at the home after the sale, then they need to leave that item when they close on the home. See more at www.provenresource.com
This house is in town on a small lot in an older neighborhood
answered on Jul 20, 2022
It depends on when the bomb shelter was discovered. If you found while you are in the process of selling your home, then you should disclose it. If you were unaware of its existence on your property until after the sale, then generally there should be no disclosure issue. See more at:... View More
We believe there are methane pockets on our 4.9 acres of land. It is not yet verified, but we would like to retain the mineral rights to the property before we sell it.
Our realtor told us it is better to sever the rights while we still own the property and before we have a buyer, or it... View More
answered on Jul 20, 2022
The purchase agreement and conveyance instrument will dictate whether or not you retain mineral rights. People sell or lease mineral rights on property every day- but these rights are still regulated by the state law in which the property is situated. Texas law has nothing to do with Michigan... View More
I am a co-trustee on a revocable land trust originally designed to generate cash for our children's education. Neither child needed it for that purpose. Our divorce agreement states it will terminate upon our youngest turning 30. It does not specify what happens at termination. I am not aware... View More
answered on Jul 4, 2022
An attorney needs to review the terms of the revocable trust as well as the divorce decree to determine how the trust expires on its own terms, or if the terms of the court order prevails. The answers are in the terms of the documents. See www.ProvenResource.com for more information.
We were advised by another free legal aid that it has to be entered into their will in order to be binding in a court of law if the next of kin wanted to challenge it. I printed out a Codicil for the seller. Is that sufficient?
answered on Jul 4, 2022
The land contract is an executory contract, and therefore, the estate of the decedent will be bound by the terms of the seller or buyer. When drafting the contract, there should be provisions that state that the contract will be binding on heirs to the decedent. It is unlikely that beneficiaries... View More
She is 50/50 on deed in Michigan and Mortgage is in just my name …Do I have options ?
answered on Jun 2, 2022
A real estate attorney will need to see how the title on the deed is held. Being 50% owner is not enough for a court to intervene with legal instructions as to how a property may or may not be partitioned. Real estate law is steeped in centuries of legal history - Deeds contain "magic"... View More
I settled back in the fall of 2021 The court order is to repair the easement and install a colvert so the water can flow back in to the drainage ditch like it before they changed it How long do i wait or do they have to do this court order before i have a letter or refile back in court
answered on May 9, 2022
It will depend on what the court order or settlement agreement (if applicable) requires. If there is not a time set to complete the work, then it should be done within a reasonable time frame. However, most court orders will have a set time for a party to follow the court's requirements.... View More
she is now handicapped and habitat for humanity is saying she needs this in order for them to help her out. My concern is the loss of money owed to fulfill the contract.
answered on Apr 30, 2022
Until the buyer satisfies the terms of the land contract, they should NEVER be given a deed. That is the point of having a land contract. It works like an installment sales contract; only upon successful completion of all terms will the buyer satisfy the agreement and have a legal right to the... View More
To gavel the road. They are tearing up my yard with machinery and parking it on my land. I live in Michigan and on my deed it says my land abuts up to a private road but it runs through my land not on the edge. And in Michigan it needs to be 33 feet wide with a turn around big enough for a fire... View More
answered on Apr 14, 2022
We would first want to know if the easement agreement was recorded. Second, the easement documents must be reviewed to see what the specified and permitted use is and how the current use of the neighbor violates that easement. Then, a legal cease and desist demand should be issued to the... View More
Taxes are up to date and so are utilities. Do we have to go through probate to acquire the home or can we handle the paperwork filings ourselves?
answered on Mar 29, 2022
If you grandmother owned her home and died without a will, and the deed is in her name, then you will have to go through the probate process in order to have title conveyed to the 'rightful heirs." Dying without a will is called dying "intestate" and that means that... View More
I have a large tree that is at the edge of my property and has branches that hang over into my neighbors property. My neighbor picks up all of twigs and branches and dumps them into my property. He claims that since the tree trunk is in my property that I need to deal with all of the mess. Is he... View More
answered on Mar 21, 2022
He is responsible for cleaning up the branches that fall on his property. However, generally, in Michigan, when limbs of a tree hang from Party No.1's property onto Party No. 2's property; Party No. 2 may have the right to trim the limbs that extend past the property line. Debris that... View More
We paid 2 yrs of payments. Now it is time 51% Collateral owner to release Collateral property but only if we draw up new deed reverting property to us and any expenses incurred. Is acceptable for 51% Owner to hold our property bcus we wont drawn up docs and bear expenses
answered on Mar 21, 2022
I have drafted and enforced hundreds of land contracts in my career, and I can honestly say that I have absolutely no idea what you are speaking of; the terms and conditions sound quite unique to me, and so a real estate attorney like myself would need to see a copy of the land contract provisions.... View More
can he pay to do this without my knowledge?
answered on Mar 8, 2022
That sounds unusual and I would need to know more, but generally, a judgment for divorce or an outstanding and valid power of attorney can both work to allow the transfer of title without your signature. You can learn more about this by visiting https://provenresource.com/library-resources/
The tree grows straight on their property for 10' then takes a hard left and all branches are on our side. If we cut what is on our property, it will die. They told us they will sue us if it dies. What can we do?
answered on Mar 2, 2022
Generally, in Michigan, when limbs of a tree hang from another’s property onto your property, you may have the right to trim the limbs that extend past the property line. However, two things are VERY important to know: (1) you may only trim up to the property line, and (2) you may only trim it... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
