Fenton, MI asked in Real Estate Law for Michigan

Q: I purchased a home on 1 acre that was parceled off 40 acres. The township did not record the split.

The township approved the split, but never recorded it. We informed the township and the title company multiple times and we were told “figure it out amongst yourselves” we are now paying taxes on 40 acres and the title and deed are incorrect. I have notified the title company and township and they say “have the seller pay you the difference”. In result of this closing costs were increased and escrow payments were to cover the 40 acres taxes. Is this something I can take legal action on?

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2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Fowlerville, MI
  • Licensed in Michigan

A: The beat option is to not close until this is resolved.

If you have already closed, did your attorney review the paperwork before closing? Wasn’t the issue obvious at that point? Did you hire your own attorney to review the closing package and offer to purchase?

You can still resolve this if you’ve already purchased but the title company and seller are either going to need to work with you or you’ll have to sue them. I STRONGLY urge you to consult with your own attorney and review the options. This may not be so easy to resolve.

— this answer is offered for information only and does not constitute legal advice or create an attorney-client relationship. Please seek local legal representation ASAP.

David Soble
David Soble
PREMIUM
Answered
  • Farmington Hills, MI
  • Licensed in Michigan

A: First, I would suggest that you ask for a FOIA on the minutes of any township meeting / files related to this split. Second, you may be able to seek redress via a declaratory action, but only if you have the requisite supporting documentation (FOIA items) for the previous alleged split.

For more information, see www.provenresource.com

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