Q: Property acquired through quitclaim deed has transferability restrictions to heirs at law, but the grantor is deceased.
There was a plot of land that my grandfather transferred to me through a quitclaim deed many years ago. Regarding current situations I am looking to sell the property, However, in the quitclaim deed, it says that the transferability only extends to heirs at law. However it also says that it can be waived with written consent of all heirs at law of my grandfather. Who would be classified as all heirs at law? My grandfather passed away four years ago. Would it still apply?
The grantor (my grandfather) also did not grant any water or mineral rights? Who has the mineral and water rights now that he has passed away? Would it resort back to his primary estate or be passed down to me because I own the property he put the restrictions on?
Would a lawyer be necessary in being able to sell this property because of the way the deed was written? It is all quite confusing and any suggestions or advice would be quite helpful. Especially pertaining who would be considered the heirs at law.
A: The restrictive language you mentioned in the deed may not be enforceable under Michigan law under Michigan Land Title Standard 9.1. I suggest you contact a title company to obtain a title commitment for the property. The title commitment will tell you what steps you may need to take (if any) before you can sell the property. It may end up that you can just disregard the language about heirs in the deed.
Thomas. R. Morris and Nina Whitehurst agree with this answer
A:
The term "heirs at law" is defined by MCL 700.2720 as those persons who would be entitled to a decedent's property if that person died without a will.
A deed does not have to expressly grant water or mineral rights. You did not state that the grantor reserved mineral rights. I do not know what you mean by "water rights". That phrase does not have a specific meaning under Michigan law as far as I know. There are a number of different rights that might be called "water rights".
The restriction purportedly placed on the property by your grandfather seems like an unreasonable restraint on alienation. See MCL 554.51.
Although a title company might sort this out and insure title in your buyer, you may need to consult an attorney. An attorney would need to see the documents.
Nina Whitehurst agrees with this answer
A: Your grandfather's deed violates Michigan's rule against perpetuities (every attorney's favorite legal concept.) Suggestions that a title company can sort this out are misguided - only a judge in a court of competent jurisdiction can dictate the legal impact of the language contained in the deed. Contact a real estate attorney for more information - See www.provenresource.com to learn more.
Anthony M. Avery agrees with this answer
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.
