Columbus, OH asked in Real Estate Law for Michigan

Q: I own 10 acres with my brother. Can I build on it. This land is grandfathered in and the deed states, Sole Survivor.

I’m in Michigan. What process is needed?

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2 Lawyer Answers
David Soble
PREMIUM
Answered

A: The language related to "sole survivor" most likely relates to the actual conveyance language and how the grantor conveys their legal interest to the grantee. This is sometimes called "vesting language." Deeds do have "magic' language in them and what the deed says will certainly affect a person's legal rights to a particular property. You should have a real estate attorney review the deed so that you understand your current property rights. That being said, building restrictions among other things can be found in 'restrictive covenants." Restrictive covenants are often referenced in deeds and so you may or may not be allowed to put a structure on the property. Only a licensed and well informed real estate attorney can review the deed in question and give you legal advise on how to proceed further. See www.provenresource.com/deeds for more information.

Thomas. R. Morris agrees with this answer

A: Another issue is that you may need a building permit from the city or township or county in which the property is located.

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