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Michigan Gov & Administrative Law Questions & Answers
1 Answer | Asked in Real Estate Law, Gov & Administrative Law and Land Use & Zoning for Michigan on
Q: Can someone sue a neighbor for quiet title to clear cloud from his chain of title?

He has quit claim deed to his property and lives 4 properties down from me.I have a warranty deed,clear title and an easement splits my property.A private road easement is 3/4 mile long and splits numerous properties.My neighbor is sueing me for quiet title and prescriptive easement so his clouded... Read more »

David Soble
David Soble answered on Oct 27, 2019

Quieting a claim to title is a legal action and challenge that needs to be answered with solid supporting documentation. You should have a real estate attorney review your title work, deeds and related surveys. Your issue with your neighbor would need to be adjudicated by a court. The court's... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Gov & Administrative Law and Land Use & Zoning for Michigan on
Q: If a home is part of a HOA, is the owner legally responsible to disclose that to the new owner/protentional buyer?

I purchased my home back in March this year and I wish to put up an additional garage/pole barn (following all local permit rules). Some of the neighbors have mentioned that this cul-de-sac was a part of a HOA years ago. This was never disclosed to me and I was never given any information during... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 15, 2019

Because there was a HOA at one point does not mean there still is. Failure to disclose, failure to collect dues, failure to provide you notice etc all point toward it may not exist any more.

PLEASE take your paperwork to a local real estate attorney to review ASAP (as you should have done...
Read more »

1 Answer | Asked in Constitutional Law, Criminal Law, Gov & Administrative Law and Traffic Tickets for Michigan on
Q: Must police ask reasonably related questions related to the purpose of the traffic stop for an equipment violation?

Illega I was pulled over by the state police and got in trouble. I turned the corner with him coming towards me and he immediately turned around and pulled me over. All that was asked was for my papers, and 'how much have you had to drink today cause I can smell it.' End of story. Not a clue why I... Read more »

Brent T. Geers
Brent T. Geers answered on May 6, 2019

Interesting question, and I can tell you did some research. The limits expressed in Terry v. Ohio don't apply when driving a car. Police can pull over a car for any number of reasons, and once stopped, can inquire as they did in your case. I would note that you didn't have to answer the question... Read more »

1 Answer | Asked in Collections, Gov & Administrative Law and Municipal Law for Michigan on
Q: My exhusband contacted our town government office and had my water/sewage bill switched to his name without me knowing.

The bill is a three month cycle so I hadn’t noticed that I didn’t receive two bills, the bill is now 800$ past due. Is it legal for them to let him do this without authorizing with me or without him ever being on the lease?

Trent Harris
Trent Harris answered on Mar 8, 2019

What your ex-husband did doesn't sound right. A person who isn't on a lease for property, or an owner, generally shouldn't be able to change the name on the account. Have you talked to the town about getting it fixed?

Despite the bill being in his name, you may still owe the money if you...
Read more »

1 Answer | Asked in Business Law and Gov & Administrative Law for Michigan on
Q: Can an owner of a real estate company notarize real estate documents as the notary public as well?

Notary had an employee sign my document in their absence for a real estate deal. 20,000 Loss as a result of notarys actions

Brent T. Geers
Brent T. Geers answered on Jan 2, 2019

A Notary essentially confirms that a person truly signed a document; they are not saying that the document is legal or proper. If what you're saying is that you never signed the document, and that someone else did without authorization, then it's possible you could file a lawsuit against the person... Read more »

1 Answer | Asked in Contracts, Products Liability, Federal Crimes and Gov & Administrative Law for Michigan on
Q: Can I ship a firearm back to my FFL through the US Postal Service and have it shipped back to me?

I recently purchased a Taurus model 605 revolver and have been having issues with it not operating properly. The online Firearms retailer that sold me the firearm is willing to do a replacement, but wants me to ship it through USPS. As far as I know it is illegal for a civilian to ship a handgun... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 8, 2017

Best answer would be through ATF. Why not see if they'll take Fedex or others who may take it on as a shipment?

1 Answer | Asked in Education Law, Election Law, Gov & Administrative Law and Municipal Law for Michigan on
Q: Can a local full-time paid fire chief serve as an elected school board official in that same jurisdiction?
Brent T. Geers
Brent T. Geers answered on Aug 30, 2017

I don't see why not. I'm unaware of any fire chief being an elected position, and so there is no conflict by holding two different elected positions. More importantly, in most cases, the school district (and its board) is a separate and distinct entity from the local government. It's really no... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Health Care Law for Michigan on
Q: Is the due process clause absolute?
Glenn B. Manishin
Glenn B. Manishin answered on Feb 17, 2017

Due process requires at a minimum notice and an opportunity to be heard before the government deprives a person of life, liberty or property, but otherwise can vary with the circumstances.

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Internet Law and Personal Injury for Michigan on
Q: Is it illegal to record video in the Department Motor Vehicles without permission?

Is it illegal to record video in the Department of Motor Vehicles without permission?

Is it also illegal to publically post said video (if taken without permission) and make available on social media (facebook, youtube) without permission?

Michigan - Jackson - DMV

Peter N. Munsing
Peter N. Munsing answered on Aug 15, 2016

First, may be illegal under their rules--usually is. Second you are looking for trouble with a reposting.

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Gov & Administrative Law for Michigan on
Q: Has there ever been any case where the MI Ct. of App. heard a case directly from a state agency skipping the cir. ct.?

The cir. ct judge heard a superintendent control show cause hearing case against a state agency who has an agreement with the federal government to provide its state residents with the 100% fed. program refused to use the strict legal guidelines established by the fed. gov't for state agency... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Nov 13, 2015

You have an attorney, right? You have to ask your attorney all of your questions. Your attorney already knows all the facts and circumstances, we do not, and what you have written is quite confusing.

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