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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: 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
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
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
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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2 Answers | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: If a couple has one of the sets of parents living with them in Michigan, is that considered, generally, “multi family?

Wife and I are living in our daughters and son in laws basement in Gainesville, GA. Son in law has taken a new job in Michigan. Daughter, wife, and I are planning to follow him as soon as Gainesville house is sold. Many of the Michigan houses we’ve looked at online have a basement that a) has or... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Oct 20, 2020

There is no 'single' answer -- many municipalities have their own rules, and they can vary dramatically.

That said, if you are blood relatives, and you're within the main structure that probably won't qualify as 'multi-family' or 2-family housing unless you...
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1 Answer | Asked in Land Use & Zoning for Michigan on
Q: I'm looking for a specific 1960 case concerning road-end beach access. Where can I find this?
Brent T. Geers
Brent T. Geers answered on Oct 13, 2020

Google Scholar is actually a pretty decent legal research option for non-lawyers. You could also see if your local public library has a westlaw or lexis nexus subscription.

2 Answers | Asked in Real Estate Law, Civil Litigation, Civil Rights and Land Use & Zoning for Michigan on
Q: Our new houses well is dry, no issues were disclosed, and we've already closed. Are the sellers financially responsible?

I moved my family into a new house in Quincy, Michigan. A day after moving in, our water stops working. It turns out the well is dry, and the whole area is just bad for water. We spoke with multiple well contractors and learned that we can install a good well about 100 yards from the house at the... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Sep 11, 2020

Without seeing the closing paperwork and disclosures it is hard to say for sure. You need to have a local attorney look at the paperwork (did you use an attorney to review the closing? You SHOULD have!) to determine if anything like this can survive the closing.

Did you do inspections?...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: I live in a trailer park can the manager come on the leased piece at any time or do they have to give notice

they are saying they will come and take my trump sign in my front yard

Thomas. R. Morris
Thomas. R. Morris answered on Sep 1, 2020

I expect that the lease provides the landlord with the authority to maintain the property. If the lease does not permit you to post a sign on the property, I expect that the lease would permit the landlord to enforce the lease by removing a sign. Without reviewing the lease, I cannot determine... Read more »

1 Answer | Asked in Land Use & Zoning for Michigan on
Q: I have a couple of questions. My mother inlaw is trying to get us evicted from our resident. The house is in a trust for

my husband his sister and his mother and aunt. She has stated that she has sold this property with out another signature on it and has filed a eviction notice well the gentle man that she sold it to is evicting us. We also have signed paperwork from his mother stating that we have all rights to... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 24, 2020

It depends on what the trust document says about the house. Does it specifically say that the house is not to be sold? Ordinarily, your mother-in-law would be the trustee - and if she is the sole trustee, she would have the right to sell the house, and the new owner would be allowed to evict you.... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Michigan on
Q: my uncle passed away and left no will my father his older brother gave me his property then 3 months later took it back

he decided to sell said property to my half brother no taxes have been paid I don't even think my father has the title I have lived in my uncles house with my wife for 3 months anyway I can fight this and stay and own my uncles property

David Ostrove
David Ostrove answered on Jun 20, 2020

If your father had title and made a completed gift to you, then you owned the property and your father cannot take it back. However, was there any paper work; any deed signed by your father? You have raised a lot of issues with your question. As a matter of law, you may own the property, but you... Read more »

1 Answer | Asked in Education Law and Land Use & Zoning for Michigan on
Q: Am I allowed to be in a Michigan public high school parking lot in the summer?

I was watching the sunset, with my friend, in my school parking lot days after school had ended. A man who we assume lives next to the school approached us and started threatening to call the cops saying we looked suspicious. We were simply sitting in the back of her car watching the sunset. Would... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 15, 2020

The police might have just told you to move along. Of course, a lot depends on what information they have at the time, including what the person who calls tells them, as well as whether there have been other reports of suspicious activity or crime in the area.

Generally, there are...
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2 Answers | Asked in Real Estate Law, Appeals / Appellate Law and Land Use & Zoning for Michigan on
Q: Can a judge grant riparian rights to lake front property owners if that land has always been public use and county owned

Townline Lake, Belvidere Township, Lakeview MI. The lakeshore in Belvidere township has been public use since the 20s. A few lake front property owners went to a judge and got granted riparian rights up to the lakeshore even though it’s public property and is recorded as a park in the plat. How... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jun 4, 2020

A judge with equitable powers can do a lot of things, but without seeing the actual order (Courts 'speak' only through their written orders) it is hard to say what is going on here.

Indeed sometimes trial judges exceed their authority or make 'legal errors' and that is...
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2 Answers | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: I put a tree in an alley way which is now condemned. My neighbor is claiming them now. Is there a way I can move them?

I planted them in the alley, it has since been condemned and the trees are now on the half that my neighbor gained by less than 2 feet. I have offered to buy the land and he refuses. Is there a way I can legally remove the trees? Or anything at all?

Thomas. R. Morris
Thomas. R. Morris answered on May 26, 2020

You probably mean that the alley was vacated.

A tree, once planted, becomes part of the land. It belongs to the landowner. That’s the simple answer, but there are possible exceptions. For example, rights to timber can be owned separately. I think that your neighbor owns the trees.

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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: Right of easement?

We own a house with a neighbor who we share a driveway with. We also have woods behind us. The property line is a little uneven, but splits the property in half for the most part. Unfortunately, part of the neighbors property is the edge of the start of our driveway. In our deed, when we bought the... Read more »

David Soble
David Soble answered on Apr 29, 2020

Is there a private road agreement between you? Usually when homeowners share a driveway there is a private road agreement. You may have pull a title abstract to verify this. This will determine the parties rights, BEFORE you have to go to court without any legal guidance.

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: how do I dissolve a subdivision plat established in 1965?

I bought 37 acres - in March 2020 -made up of 4 parcels. 2 of them have home sites/ platted subdivision. I do not plan on developing the land. I want to dissolve the plat and have it combined as 1 37 acre parcel

Kenneth V Zichi
Kenneth V Zichi answered on Apr 9, 2020

The way you've worded this is a bit confusing to me. There is a FORMAL platted 'subdivision' of 37 acres with 4 lots? That doesn't sound right. It sounds more like it was simply a 'lot split'. If the later is the case, you can simply ask the municipality and taxing... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: If a subdivision no longer exists, does a foot path easement that once crossed the lots exist?

A platted subdivison, in the form of a Summer Resort containing 10 lots, created a right-of-way "foot path" easement. The Summer Resort sold each lot and the Summer Resort no longer exists. Therefore, does the foot path still exist despite there not being a Summer Resort?

If the... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Apr 8, 2020

Because all the lots have been sold doesn't mean the "Summer Resort" no longer exists. If there was an easement reserved the dominant tenant (people who have the right to use the easement) likely still has that right. No matter what other access may exist. However, there is no... Read more »

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... Read more »

1 Answer | Asked in Land Use & Zoning for Michigan on
Q: I would like to know if I have a case due to the fact that our scrap yard was placed behind my house illegally?

It has been cited for numerous violations

Brent T. Geers
Brent T. Geers answered on Sep 26, 2019

You would need to distinguish between impermissible land use (i.e. the scrap yard being located there against zoning rules) and operating illegally (i.e. being cited for violations). You as an adjacent landowner would likely not have a claim for illegally operating.

Think of it this way:...
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