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Michigan Questions & Answers
1 Answer | Asked in Real Estate Law for Michigan on
Q: Is my neighbor allowed to cut the easement assigned to my property?

I own property with a 66ft easement by necessity. My neighbor keeps cutting the grass on the easement after I cut it. I like to maintain 4 inches and he keeps cutting it down to 2 to match his side of the easement. Is he allowed to cut the grass in the easement? He also blows all the grass... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 17, 2024

Is the easement ON your property or FOR your property?

Is the easement ON the neighbor’s property or FOR it?

From the wording I’m assuming you BOTH have a right to use and maintain the property in question.

It doesn’t really matter though because if the easement is...
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1 Answer | Asked in Civil Litigation for Michigan on
Q: How may a Pro Se' litigant request the statute of limitation to be tolled due distress and fraud?

Where fraud carries a six year statute of limitation, but there's a 180 day statute to bring an action for FOIA violations. May a claim for fraudulent misrepresentations, continuous lack of transparency regarding FOIA responses, spanning the entire six year period be brought? Thanks.

Brent T. Geers
Brent T. Geers
answered on May 15, 2024

You cannot request that a statute of limitations be tolled. You can submit a motion (and brief) arguing that the statute of limitations should be tolled for particular reasons found in this case. The judge would determine whether your argument and supporting facts meet the legal standard to toll... View More

1 Answer | Asked in Small Claims for Michigan on
Q: We are in a small claims case where the plaintiff claims we owe him money for interest on not paying back fast enough.

The defendent borrowed money verbally (in-person) from a friend with no set date to pay the money back nor any agreement on paying interest if not paid back fast enough. The plaintiff is now angry that we did not pay back fast enough and is claiming we owe interest and is taking us to small claims... View More

Brent T. Geers
Brent T. Geers
answered on May 14, 2024

In small claims, the discovery rules differ. By their nature, small claims court is just the real-life version of what you may see on those daytime courtroom TV shows: the parties show up and plead their case right then and there. In more formal proceedings, there would be pretrial discovery,... View More

2 Answers | Asked in Divorce, Real Estate Law and Family Law for Michigan on
Q: Do i have any legal rights in this situation?

I've put over 400K into property to develop it and build a huge pole barn, paid numerous mortgage payments as well as put another 10k cash on principle. Since i haven't been able to get on the property and having excuses time and time again I'm leaving but would like to know if i... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 14, 2024

In GENERAL a verbal contract is worth the paper it is written on.

In the case of real estate however, there is an actual rule called the "statute of frauds" that says 'if it isn't in writing it is not enforceable. So -- your assumption was it was 'joint'...
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2 Answers | Asked in Divorce, Real Estate Law and Family Law for Michigan on
Q: Do i have any legal rights in this situation?

I've put over 400K into property to develop it and build a huge pole barn, paid numerous mortgage payments as well as put another 10k cash on principle. Since i haven't been able to get on the property and having excuses time and time again I'm leaving but would like to know if i... View More

Brent T. Geers
Brent T. Geers
answered on May 14, 2024

Is your name on the deed? If not, and since you are not married, you may be out-of-luck. If your name is on the deed, then you would have the right to force a sale, which may likely result in the other person writing a check for you for your portion of the proceeds.

This may be harsh, but...
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1 Answer | Asked in Immigration Law for Michigan on
Q: I need to submit F-1 pending I-130? What are my chances?

I have my original F-1 in 2019 and after finishing Bachelors I moved to a postgrad with valid I-20. My original visa ends in another 2 months. My mother, LPR submitted an I-130 for me last year. Now my research work needs international visits and I need to go home and get new F-1 stamp. How should... View More

James L. Arrasmith
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answered on May 13, 2024

Applying for a new F-1 visa while having a pending I-130 petition can be challenging because the F-1 visa requires proof of non-immigrant intent, while the I-130 indicates immigrant intent. To improve your chances, you need to demonstrate that your primary goal is to complete your studies and... View More

2 Answers | Asked in Real Estate Law for Michigan on
Q: can my ex fiance force a buyout if her name is on the deed but i am on the deed and mortgage.

I am writing to inquire about a situation concerning the property at [address], which I co-own with my ex-fiance. I am seeking clarity on the legal implications and potential outcomes in our current circumstances.

To provide some context, when we purchased the property, my ex-fiance's... View More

Brent T. Geers
Brent T. Geers
answered on May 14, 2024

Your changed relationship status has no bearing on property ownership and what actions may be taken. Your ex-fiance may petition a court for sale of the house; she may need to do so at some point to qualify for a future mortgage of her own. She could also show back up at your door with a U-Haul... View More

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2 Answers | Asked in Landlord - Tenant for Michigan on
Q: Can a renter pursue a quiet title action under MCL 600.2932?

Under that MCL, "Any person, whether he is in possession of the land in question or not, who claims any right in, title to, equitable title to, interest in, or right to possession of land" may seek such an action. Does a renter, through a lease, meet that criteria? Specifically, the... View More

Brent T. Geers
Brent T. Geers
answered on May 13, 2024

The better course of action would be for you to hire a lawyer on your parents' behalf if you are financially able to do so. No sense muddling the waters - while I think your reading of the statute is correct, I'd anticipate opposing counsel raising it as an issue for attack, which will... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: How to reclaim vehicle seizure even if it was signed over due to time limit and case was dismissed over a year later.

My father signed over his vehicle due to the cost and only had 20 days even though the charges i had werent brought forth for a year later which were possession of controlled substance. Those charges were also dismissed due to inability to provide evidence with intent with their inventory search.... View More

Brent T. Geers
Brent T. Geers
answered on May 9, 2024

As a practical matter, that vehicle is probably long gone - likely auctioned. Regardless of why your father signed over the vehicle, if he did in fact sign it over, then I think it's a done deal. I would think your father would have to establish some pretty significant police misconduct to... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Michigan on
Q: Can i sue police dept after case was dismissed for rights violation or retrieve my seized vehicle

In 2022 i was pulled over for inoperable headlight, it then revealed a warrant which then resulted w inventory Vehicle Atlanta charges of possession of control substance Seizure of the vehicle which was My fathers. The war for the charges didn't become active for almost a year after I was... View More

Brent T. Geers
Brent T. Geers
answered on May 9, 2024

As to the car, you can't do anything. You said it's your father's car; only he has standing to do anything about it, even though you were the one arrested.

Drug forfeiture is complex. Essentially, the police provide notice of intent to seize the asset. The property owner has...
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1 Answer | Asked in Child Custody and Family Law for Michigan on
Q: My granddaughter is in prison for26 more months an her daughter dad wants her to sign a paper giving him full custody

She said no when she gets out will she have trouble with that

Brent T. Geers
Brent T. Geers
answered on May 6, 2024

Your daughter is in a tough spot. She may find herself without much of a choice between giving the father full custody or having her parental rights terminated. It will, undoubtedly, be an uphill battle to even shared custody upon her release unfortunately.

1 Answer | Asked in Construction Law for Michigan on
Q: Can I be sued

So I recently did a side job here in Michigan. I qouted the homeowner said amount for a front porch remodel. They added stuff on after the agreed upon quote. Now they are demanding I do more work for free out of pocket or they are taking me to court. I left and refused to do anymore work until they... View More

Brent T. Geers
Brent T. Geers
answered on May 6, 2024

Are you licensed? You are both wrong in your own ways. If you are not pulling permits, it's your license at stake. And if you are accepting money under the table, whose to say they haven't already paid you for the materials? You may have some legitimate ground to stand on in this case,... View More

1 Answer | Asked in Immigration Law for Michigan on
Q: I got my reinstatement denied

On December 8, 2023, you filed a Form I-539, Application to Extend/Change Nonimmigrant Status with U.S. Citizenship and Immigration Services (USCIS).

After careful review and consideration of the entire record, your Form I-539 is denied for the reason(s) discussed below.

Section... View More

James L. Arrasmith
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answered on May 2, 2024

I'm sorry to hear that your Form I-539 application to extend or change your nonimmigrant status was denied. This can understandably be frustrating and disappointing.

The reasons cited for the denial appear to be based on your current status as a parolee. The Immigration and...
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1 Answer | Asked in Criminal Law for Michigan on
Q: I was charged with possession of firearm while intoxicated in Michigan. NO breathalyzer was given how can I be charged

And sentenced with no bac proof.

Brent T. Geers
Brent T. Geers
answered on May 2, 2024

You can be charged and convicted upon proper proof of either:

(a) The individual is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.

(b) The individual has an alcohol content of 0.08 or more grams per...
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2 Answers | Asked in Criminal Law for Michigan on
Q: can i be in the room with my fiance and his P.O so i can atest that he hasnt been using drugs

I need to know now his test is anytime today

Brent T. Geers
Brent T. Geers
answered on May 2, 2024

That would be up to your fiance, and more specifically, his PO. I'm not sure what value would be placed on what you have to say. His drug test will either be negative or positive, and what you have to say probably won't change that.

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2 Answers | Asked in Criminal Law for Michigan on
Q: can i be in the room with my fiance and his P.O so i can atest that he hasnt been using drugs

I need to know now his test is anytime today

Michael I. Leonard
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answered on May 2, 2024

The PO does not have to allow you to be present. However, it would be surprising if the PO was not willing to talk to you. He/she should want to hear any relevant evidence. Then again, the PO is going to rely upon the results from drops, rather than taking any person's word for it.

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1 Answer | Asked in Car Accidents for Michigan on
Q: What is the process to get a drivers license suspension by the Michigan Secretary of State overturned?

My license was suspended by the Michigan SOS for 3 months as a result of an accident resulting in a fatality. The overpass was icy due to a prior winter storm (the main roads were fine). I exited the express way to find a man on my left walking along the exit. The road curves to the left and down... View More

Brent T. Geers
Brent T. Geers
answered on May 1, 2024

Something appears missing here...how was the Secretary of State made aware of this incident to suspend your license? Normally that is through some court action. Did you at some point concede to a civil infraction perhaps?

You otherwise need to contact the secretary of state to see about...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: My apartment is charging us $1099 a month for rent even though our lease states we agree to pay $970

In the lease it states "The Resident agrees to pay the Manager the total of $970.00 rent plus additional charges stated below:

$1,164.00 ($1,099.00 Rent +$55.00 Flat-rate Utility +$10.00 Carport Fee)".

When trying to contact management they state that they're under... View More

Brent T. Geers
Brent T. Geers
answered on May 1, 2024

Have you already paid the higher rate? The discrepancy could simply be a scribner's error; either the $970 rate is right or the $1,164 amount is. What is the management saying about it? Unless the management company concedes an error in your favor, I think a court is likely to determine that... View More

1 Answer | Asked in Intellectual Property and Copyright for Michigan on
Q: Are newspapers / U. S. Censuses published before January 1, 1929, on microfilm in the public domain and free to use?

I am writing a history book for publication about people in my hometown who lived in the late 1800s. Since newspapers don’t exist anymore from that time, my two choices are either microfilm at my local library or websites that have digitized newspapers. Both options are nothing more than exact... View More

James L. Arrasmith
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answered on May 1, 2024

Yes, newspapers and U.S. Censuses published before January 1, 1929, are generally considered to be in the public domain in the United States and are free to use without restriction.

According to U.S. copyright law, works published before 1929 have fallen into the public domain due to...
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1 Answer | Asked in Estate Planning, Probate, Gov & Administrative Law and Military Law for Michigan on
Q: I have a probate problem and more than 1 question, is there someone I can speak to?

My dad died before I was 1, he wasn't married to my mom, he was a military vet (Master Sergeant) who served from 1941-1967 and died in 1977, I wasn't mentioned in his probate papers,bi was taken from my mom rt after and raised in foster care, I'm his only living relative and I want... View More

James L. Arrasmith
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answered on May 1, 2024

I'm sorry to hear about your situation. Navigating probate, estate matters, and military records can be complex, especially given the circumstances you described. Here are a few steps you can take to gather more information and seek assistance:

1. Military records: To obtain your...
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