Ask a Question

Get free answers to your Real Estate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Michigan Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Michigan on
Q: Am I responsible to clean up leaves from my tree that fall in my neighbor's yard?

I have a tree in my yard where some of its leaves fall into my neighbor's back yard. The neighbor will then take leaves from their entire property, including their front and side yards, and dump them on my side of the fence. Am I responsible for cleaning up their side of the fence? Can they... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 14, 2024

No to both questions under the Massachusetts rule, but I do not believe that the Michigan courts have ruled definitively on this topic.

1 Answer | Asked in Real Estate Law for Michigan on
Q: Can a trust property be auctioned or non judicial foreclosed if the trust has the bank in default judgment in circuit

court?

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 6, 2024

Your question is unclear.

The BANK is in default after a circuit court action of some kind? Who sued whom and for what?

Is the case pending, or has it been dismissed or a default judgment been issued? What does the default say about the status of the property?

There are...
View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: After spending 70k rehabbing a property the Detroit land bank reconveyed it what are my options
Kenneth V Zichi
Kenneth V Zichi
answered on Oct 25, 2024

You don't provide enough information to even hazard a guess.

Without details like time frame, what you did, what your interest was in the property and the tax status of the land it is impossible to say.

I'd strongly suggest you gather the above information, copies of all...
View More

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: My city wants to plant a tree in the easement area betweent he sidewalk and road - can I stop them if I dont want the tr
Thomas. R. Morris
Thomas. R. Morris
answered on Oct 18, 2024

Probably not, but you can discuss your preference with the city. The "easement" you refer to may be land owned by the city, and if it is indeed an easement I expect that the city's rights with respect to the easement include determining whether to plant a tree.

View More Answers

1 Answer | Asked in Real Estate Law and Civil Rights for Michigan on
Q: How to handle neighbors with barking dogs?

The house next to mine was sold to new people this spring, who have vicious barking dogs. Every time I am outside watering my flowers and lawn these dogs begin barking at me uncontrollably, and I can't even focus on what I am doing. Over the summer I have had 20 to 30 different dogs walk by... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2024

Dealing with neighbors' barking dogs can be frustrating, especially when it's affecting your ability to enjoy your home. A first step is to have a calm and respectful conversation with your neighbor. Explain how the barking is impacting you and see if they’re willing to take measures,... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: What is a promissory note & what is a life lease what are the responsibilities of the tenant & or the original homeowner
Kenneth V Zichi
Kenneth V Zichi
answered on Sep 12, 2024

A promissory note is a promise to pay a specific amount of money in a given time usually with interest rate and payment schedule spelled out. It is usually secured by a mortgage or similar ‘security agreement’.

This has nothing to do with life leases which is a way to transfer a...
View More

1 Answer | Asked in Real Estate Law and Business Law for Michigan on
Q: I have transferred my property to an LLC and i want to make sure my personal assets are protected. see more info.

My name is still located on the loan and mortgage statement as the primary, but the house has been quit claim deeded to my LLC, sole member.

I'm also listed as additionally insured on the rental dwelling insurance. My main reason for transferring was to separate my personal assets... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Aug 28, 2024

it sounds like you have taken a step towards limiting your liability for the operation of the rental property. There remains the possibility that you could be personally liable for accidents or other events associated with the rental property. This is one reason to have insurance.

Another...
View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: What can I do moving forward? Legal aid told me they don't have the resources to handle real estate issues.

I purchased my home 17 months ago. Nowhere in the sellers disclosure did it talk about any major issues with the home whatsoever. However I've now come to find out it has major foundation issues that need to be repaired or it will continue to sink into the ground. I had a contractor come out... View More

Brent T. Geers
Brent T. Geers
answered on Aug 21, 2024

The best use of what money you have now would be to fix the foundation. Going after the seller could be a fools' errand if all you have to go on is the neighbor saying they talked about it. You'd need more proof than that. Also, even if you were successful, you might get a judgment... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: If part of a property description is left off of a recorded deed, is that considered a broken chain of title?

Ex: Land contract and subsequent Warranty Deed recorded 1981 and 1983 do not include "Lot extends to Water's Edge". The extension was subsequently deeded as a Quit Claim in 1997 and it was not submitted as a correction affidavit or noted as being filed to correct a previously... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 21, 2024

No... But in the next recorded conveyance hire a competent MI attorney to draft a deed with a complete legal description and derivation of title.

1 Answer | Asked in Real Estate Law and Tax Law for Michigan on
Q: What's the effect on liability & property tax when nonprofit beach assn corp is dissolved for non filing annual reports?

Parcel is owned equally by homes in the neighborhood. Last report was filled in 2019. Our park liability insurance is paid but they will not cover claims while dissolved as we understand. We are waiting for the documents from the state to correct the issue and be in good standing again. The board... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2024

When a nonprofit beach association corporation is dissolved for not filing annual reports, it can have significant implications for both liability and property tax. Since the corporation is not in good standing, your park liability insurance may not cover any claims, potentially leaving the... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: I'm in MI. I live in a small condo complex. A cluster mailbox was installed that violates federal regulations.

I am trying to find legal help in my area, I have sent out this problem to a couple of firms, no answer. Possibly I need to know what type of lawyer deals with this type of problem. The regulation being violated is the that the lowest floor of a mailbox for residential use must be no lower than 28... View More

Brent T. Geers
Brent T. Geers
answered on Jul 25, 2024

Are you part of an association? I imagine your best - or at least your first - course of action would be to address this with the association.

1 Answer | Asked in Real Estate Law for Michigan on
Q: I was in a relationship for over 8 years but never got married. We are now breaking up. what are my option on this house

I was in a relationship for over 8 years and engaged but never got married. During this relationship me and my partner bought a house but my name was not on the title and mortgage but I paid half towards everything i.e mortgage, utilities, property tax etc. We are now breaking up. Can you let me... View More

Brent T. Geers
Brent T. Geers
answered on Jul 18, 2024

I'm afraid you don't have many good options outside of what you may be able to negotiate. Legally, you are a tenant. While you certainly are not obligated for the mortgage or taxes, you're also not entitled to any share of the equity. Had your name also been on the deed, then you... View More

2 Answers | Asked in Consumer Law, Contracts, Real Estate Law and Environmental for Michigan on
Q: Do I need a lawyer for an actual t of God catastrophe to be paid by my insurance company under my renter's policy

Tornado. Insurance company doesn't want to pay I'm going to be homeless and I have no food, money or gas to go apply for disaster relief

John Michael Frick
John Michael Frick
answered on Jul 15, 2024

You may need a lawyer if your insurance company isn't upholding its end of your insurance policy.

View More Answers

1 Answer | Asked in Real Estate Law for Michigan on
Q: With a ladybird deed and 4 children’s name on deed, how is estate settled?

One child and spouse moved in home and continued making loan payments. It is now 12 years later and he feels the house is his alone. Do the other 3 siblings have any claim on home and land?

Brent T. Geers
Brent T. Geers
answered on Jul 10, 2024

If there is a recorded lady bird deed, then all four of you now have ownership interest. The way to "settle" this is to file a copy of the death certificate, along with a new deed listing you all as owners. While that would settle the legal question of ownership, it doesn't sound... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: If I suspect forgery in the transfer of a deed property, what course of action should I take to stop the sale of the p
Brent T. Geers
Brent T. Geers
answered on Jul 8, 2024

You'll want to engage a real estate attorney quickly who can advise you whether and how to stop the closing. With the money and other legal stakes involved, this is not something you just do hoping your suspicions are accurate.

2 Answers | Asked in Real Estate Law and Foreclosure for Michigan on
Q: My family's house was foreclosed ~10 years ago. A friend paid under mkt value, promising I could buy it back for same $

Is this legal? Could you point me to any relevant statutes too? Is the promise enforceable (nothing written so I guess no)?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 3, 2024

Owner will probably refuse to convey to you as the oral promise violates the Statute of Frauds. Hopefully you have some sort of memorandum signed by owner. Consult with a MI attorney to draft a deed and attempt to tender the money for the deed.

View More Answers

2 Answers | Asked in Foreclosure and Real Estate Law for Michigan on
Q: A friend bought my parents foreclosed house- can they sell back to me now at same low price?

Purchase was 10 years ago, and under market value. Any statutes apply? Michigan

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 27, 2024

Seller can convey to who he wants. But get a MI attorney to search the title and draft the Deed.

View More Answers

2 Answers | Asked in Real Estate Law and Tax Law for Michigan on
Q: cost basis when selling property that has been owned by family for 90 years. Purchased by Grandparents in 1930's.

A Deed was recorded in 1978 joint tenancy with rights of survivorship, not tenants in common, to grandmother and her 4 children. Grandmother and 2 of the children are now deceased. Last year new QC deed to just my mother. She is now planning on selling. how is cost basis and capital gains... View More

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2024

It can get complex, and it depends on whether transfer affidavits and PRE exceptions were properly completed and filed along the way. Sounds like there would be an argument that there hasn't been a uncapping event at least since 1978.

View More Answers

1 Answer | Asked in Real Estate Law for Michigan on
Q: I am currently fighting for forfeiture of land contract I have to miss now 3 days of work can I ask for loss wages

I am going back court this week they owe 39000 in back payments, taxes and late fees. The judge initially is questioning why a 90 late fee is assessed if they are more than 15 days late although it is in contract. What is a good rebuttal for this. Can I charge for my loss wages

Brent T. Geers
Brent T. Geers
answered on Jun 17, 2024

You generally cannot charge for wage loss due to court attendance. As to the fee issue: just because it's in the contract does not mean the judge may find it appropriate. As a general proposition, late fees must be reasonable, considering your costs / damages for late payment. They are not to... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: I need legal advice on a recent issue with a house purchase. The title cleared, but the property is now on a demolition.

1. House Purchase: I bought a house and the title cleared during the purchase process.

2. Demolition List: However, I have recently discovered that the house is listed on a demolition list with the city.

3. Renovations: In good faith, I proceeded with renovations on the property,... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 15, 2024

What sort of ‘list’ is this on? Can that determination be reversed?

Your BEST option is to stop the house from being demolished. In that case you can continue with the repairs and use the place.

I’d focus less on ‘undoing’ the sale and instead concentrate on preventing the demolition.

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.