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Michigan Land Use & Zoning Questions & Answers
1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: Our neighbor is the owner of a shared easement with us. We maintain. Can I push snow onto their land . .

We maintain the land and have only six feet easement beyond the road at that point in the easement. She shares the easement in that area. Since she benefits and there is no other place to put the snow, if the land I push over the embankment lands on her land is it illegal?

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 26, 2022

Whose land is the easement on? Yours or hers? It sounds from your question that hers is the 'dominant estate' and yours is the subservient one?

If that is the case, then you are moving snow from HER land that you have a right to use, onto HER land, that you don't have a...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: is there anything I can do about a blighted property? the city wont act. can I go over there head?
Kenneth V Zichi
Kenneth V Zichi
answered on Nov 15, 2022

"Over their head"? Who would you expect to go to if the city won't act? The State? The Federal Government? A Supreme Being?

You can certainly take some 'out of the box' steps. Why not offer the owner a reasonable amount of money to buy the blighted property and...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: Can a twp restrict or deny multifamily zoning if it doesn't have any land zoned as such?
Kenneth V Zichi
Kenneth V Zichi
answered on Nov 14, 2022

While there may be issues if the township has EXCLUDED specific types of structures from all zones, the lack of a 'multifamily' zoning district in and of itself is not necessarily an issue.

The FULL answer would require examining and analyzing the whole zoning ordinance and the...
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1 Answer | Asked in Land Use & Zoning for Michigan on
Q: Is listing a home for sale as residential but is actually on commercially zoned property illegal?

Home was (and is now again) listed on realtor.com and zillow.com as residential property; my son put in an offer and paid for inspection and appraisal. A closing date was set. The lender called 2 days before closing and advised that the structure was actually on commercially zoned property and only... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 11, 2022

Did your son use a realtor? I'm not sure the listing agent has any responsibility to your son. This sounds more of a ethical or professional responsibility issue to address, perhaps, with the local board of realtors, than a legal issue, unfortunately.

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: I inherited a lake house from a grandparent via a Lady Bird Deed, but the land deed isn't in our name.

They found a descendant of the original land owner and they are willing to negotiate. Our grandparents have always said they owned the land, did all the upkeep, paid all of the taxes, and everything that comes with it. Is there any documentation I should be looking for? Is there a way to prove it... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 25, 2022

Your question isn't exactly clear.

If there is a ladybird deed you record the death certificate and the deed is then 'in your name'

Are you suggesting your GRANDPARENTS didn't actually own the property they deeded to you?

Was there some sort of...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: I'm buying a home that has an easement, can I legally build a garage that overlaps the easement

The lot is .52 acres, however with the easement the home and yard are on .30 acres the rest is easement

Michael Zamzow
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Michael Zamzow
answered on Jul 26, 2022

When it comes to infringing on an easement, it might be wise to first contact the persons who use the easement and ask them if they would be ok with you moving it. On the other hand, it sounds like this particular easement takes up a large portion of the useable yard, so perhaps this easement... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: I'm buying a home that has an easement, can I legally build a garage that overlaps the easement

The lot is .52 acres, however with the easement the home and yard are on .30 acres the rest is easement

David Soble
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David Soble
answered on Jul 25, 2022

You will need to pull a copy of the easement agreement from the county recording office. Proceeding without permission from the entity that owns the easement is risky. Is this a utility easement or sewer easement? Who owns this easement? You risk having to take down the garage at a later date if... Read more »

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: Is it illegal for a real estate agent to digitally remove A Property Surveyors Property Markers from a Real Estate Listi

Our property is shown in the Real Estate For Sale Listing of our neighbors. However our Property Survey Markers have been digitally removed as well as No Trespassing signs?

Kenneth V Zichi
Kenneth V Zichi
answered on May 4, 2022

You mean in the PHOTOS of the listing?

It may be a bit 'iffy' to digitally retouch photos in a real estate listing but it isn't 'illegal'.

I remember as a young adult looking at a house that was in my price range and the photos in the listing were all...
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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: I have a private road easement on my land. New owners bought the land behind and are widening and cutting trees and want

To gavel the road. They are tearing up my yard with machinery and parking it on my land. I live in Michigan and on my deed it says my land abuts up to a private road but it runs through my land not on the edge. And in Michigan it needs to be 33 feet wide with a turn around big enough for a fire... Read more »

Trent Harris
Trent Harris
answered on Apr 14, 2022

The permissible use of an easement is based on the language of the easement grant. Uses of an easement that unreasonably exceed the grant of easement can be enjoined in court. You will need to set up a consult with a real estate attorney in your area so the attorney can review the documents... Read more »

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1 Answer | Asked in Contracts, Family Law, Land Use & Zoning and Landlord - Tenant for Michigan on
Q: Can I trespass someone from someone else's property with their permission?

For example, an uncle of mine owns a home near me in Michigan, but now lives in Kentucky. He allows his brother to stay in the house as long as he follows set rules. One of them is that he can't have his homeless friends hang over and stay the night. With him in Kentucky, it's hard to... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 8, 2022

Your uncle could appoint you as his agent, giving you authority to act on his behalf. This does not necessarily need to be in writing, but under some circumstances, you might want to have it in writing. I don't know what it means to "trespass the undesirables from his property", so... Read more »

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: I have a large tree that is at the edge of my property and has branches that hang over into my neighbors property.

I have a large tree that is at the edge of my property and has branches that hang over into my neighbors property. My neighbor picks up all of twigs and branches and dumps them into my property. He claims that since the tree trunk is in my property that I need to deal with all of the mess. Is he... Read more »

David Soble
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David Soble
answered on Mar 21, 2022

He is responsible for cleaning up the branches that fall on his property. However, generally, in Michigan, when limbs of a tree hang from Party No.1's property onto Party No. 2's property; Party No. 2 may have the right to trim the limbs that extend past the property line. Debris that... Read more »

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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: Neighbors tree is hanging in our yard. If we cut it it will die. Can they sue us?

The tree grows straight on their property for 10' then takes a hard left and all branches are on our side. If we cut what is on our property, it will die. They told us they will sue us if it dies. What can we do?

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 1, 2022

Normally you can remove branches over your own property without the permission of the person next to you where the trunk is located.

HOWEVER if you kill the tree in the process, that is not permitted. It sounds like you're setting yourself up to fail if you simply cut the branches...
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1 Answer | Asked in Land Use & Zoning for Michigan on
Q: Can I be sued for an easement from someone that has a corner touching my corner. His property is surround by state land.

We have not been formally served just threatened with suite. We have an 80 acre rectangular parcel that backs up to state land and touches corners with a private 40 acres that is surrounded on all 4 sides by state land. They have access through state land to get to it but it is through a decent... Read more »

Michael Zamzow
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Michael Zamzow
answered on Feb 23, 2022

Well that is a complicated problem that depends. When it comes to leaving trash, almost certainly they cannot do that. When it comes to easements like the one you are describing, the sooner you act the better. You don't want the trespass to 'spring into an easement' in a month from now.

1 Answer | Asked in Land Use & Zoning for Michigan on
Q: Can I do anything about my neighbors parking next to my home grayling mi 49738 208 Scott street

We live in the township, not city. My neighbor has a business which is transportation. He has big diesel trucks, other trucks, big trailers, van,rvs, snowmobiles etc. they run everything between our homes. I live in a 1965 trailer, which the owner, my boyfriend has had since he was 22, he’s 56... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 23, 2022

You should research what your local ordinances say about trucks, noise, and commercial activity on residential property. Perhaps they are in violation of something, which you can address with your township or file a nuisance action.

The problem with living in a township versus a city is...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: How does a surveyor split land in half using legal land description

I bought some land in sec 2 t12north range 16 west also except north 250ft and 110ft w. Seller deeded all of property to me. Year later I deeded south half back. New owner had servey done and south half has 4.72 acres and north half is smaller. Records show that the qauerter quarter section has... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 2, 2021

Your description doesn't make sense. Did you buy a whole section except for the North 250 feet and west 110 feet?

A section is an area nominally one square mile, containing 640 acres. A mile less 250 feet in one direction and 110 in a perpendicular direction from the first is not...
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1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for Michigan on
Q: Can a co-op board make changes to a signed and executed proprietary lease with a shareholder Like, allowing subletting?
Michael Zamzow
PREMIUM
Michael Zamzow
answered on Mar 23, 2021

I think we'll need more information to offer an insight.

Depending on the power of the co-op board, it might be able to dictate certain guidelines, there are sometimes 'reasonable' boundaries, but oftentimes what is ever is written in the bylaws controls.

2 Answers | Asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for Michigan on
Q: My partner n I recently split up n she refuses to move.Her name is not on any bill or lease.How do I make her move?

She's not on any bills or the rental agreement however we have lived together for a year now. She refused to move continues to tell me to "evict her" do I have to go through an official eviction processor is there another way?

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 22, 2021

If she is holding over after a 'legal' lease (whether or not her name is on anything the facts you present make her a 'legal' tenant on a month to month basis at the very least) you DO need to go through an eviction process if she refuses to move out voluntarily.

That...
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Q: Can a Township building inspector require more stringent building codes that exceeds the state's building codes?

Building a pole building as a residential secondary building for personal storage. Typical 50 x 54 building with vertical beams spaced 8' on center. Inspector won't issue building permit unless beams are 6' on center. Also, inspector won't accept 18" preformed concrete... Read more »

David Soble
PREMIUM
David Soble
answered on Dec 18, 2020

The building code sets forth the minimum standard for construction. There must be something in the engineering report that causes their concern. A stamped report from structural engineer should be enough.

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: The County Sheriff's office issued to my addresses on number and street that doesn't exist?

When I bought the house in 2000 I closed had a title company paid for title insurance and the owner either committed fraud or just try to get over. The person I bought the house from has adjoining land ,that he said was the easement and I have being using it every since. But I just tried to... Read more »

David Soble
PREMIUM
David Soble
answered on Nov 28, 2020

An experienced real estate attorney will have to see your purchase documents, the title work and the title abstract at the time you purchased the home. These type of cases take time to develop and unwind. To use the term "fraud" is to imply that the seller had a 'willful and knowing... Read more »

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3 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: I bought a house in Michigan that has an easement (Ingress, Egress, and Utility) to 10 acres that is landlocked.

The 10 acres is only land but I spoke with the owners and they stated they plan to build a house there.

Are they allowed to build a house with the type of easement it is?

Do they have full rights to use the easement as a daily driveway?

Any way I can prevent this?

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 22, 2020

Without looking at the actual documents, I'm speculating, but you probably can't stop it. And yes, they most likely do have full rights to use the easement and build a house. That is the POINT of the easement.

You BOUGHT the land with the easement in place, and should have...
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