Michigan Land Use & Zoning Questions & Answers

Q: Neighbor wants trees cut down on lot next to them

1 Answer | Asked in Real Estate Law, Civil Litigation, Land Use & Zoning and Small Claims for Michigan on
Answered on Oct 2, 2018
Kenneth V Zichi's answer
I assume (hope!) you have insurance to cover liability if something bad does happen.

That said, "I'm afraid" is not a valid reason to sue. You have to have suffered actual damages.

In THIS case, the fact that this discussion has happened may make your insurance company

deny a claim if the tree falls and causes harm (you KNEW there was a risk and refused to fix

it) but it certainly can't lead to a lawsuit ("I am afraid the tree might fall and hurt me") unless...

Q: What do I need to do in order to proceed selling my property?

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Probate for Michigan on
Answered on Aug 27, 2018
Trent Harris' answer
It's difficult to answer the question without knowing more about the trailer, and whether it's there on a lease, or whether the trailer has been affixed to the land and is legally considered part of the real estate. Either way, it sounds like a person in the situation you describe would need one or more court orders before going forward with selling the land.

If one or more of a deceased person's heirs refuse to sign off on a sale of the property, an estate may need to be opened, a...

Q: Holiday Camplands Association Inc. be included in this

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Answered on Jun 4, 2018
David Soble's answer
Not clear on what your question is. Please restate.

Q: Paperwork for home purchased 2009 showed 8 achers actually 5 went with the house. They want land back what should we do?

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Answered on Apr 29, 2018
David Soble's answer
It is not that easy to unwind if you have a mortgage securing the additional acres. However, it can be done if the additional acreage did not add any significant value to the home. (Usually a home is appraised on the first 5 acres.) You should definitely have a competent real estate attorney (not a criminal attorney or a personal injury attorney - a real estate attorney) review the papers before you do or concede anything to any "claimants."

Q: If a home is rented, w/o a rental license, is the lease valid (Wayne County, MI). Is there punitive recourse?

1 Answer | Asked in Civil Litigation, Contracts, Land Use & Zoning and Landlord - Tenant for Michigan on
Answered on Apr 19, 2018
David Soble's answer
If a municipality requires the licensing of rental properties, and the owner has not secured the license, then it is very likely that they could mark the property as 'not habitable" until the home has been inspected. Tenants should not be at the property however, some cities will work with both owner and tenant to make any repairs cited in the inspection while the tenant is in the home.

Q: We have a Judgement Landlord-Tenant Order. It was ordered (b) The Plaintiff can apply for an order evicting the

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Answered on Feb 14, 2018
Kenneth V Zichi's answer
Not just locked out, but the sheriff can come and remove your belongings and put them out to the curb too. If you need extra time to move out properly, you need to contact the landlord.

DO NOT ignore this. It just gets more expensive if you do. Seek qualified local legal help (many areas have tenant aid groups who can help for little or no cost) to insure you don't make this worse.

--This answer is provided for informational purposes only and does not create an attorney -...

Q: Can a city/township declare unimproved platted roads private property and as such no trespassing?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Answered on Feb 10, 2018
Kenneth V Zichi's answer
This situation is FAR too 'fact specific' to provide a general answer here. You should consult with a local attorney who can look at the various village resolutions, the original land grant in the plat and other details and determine what can and cannot be done. If the land was platted as a PUBLIC right of way, the Village can more than likely set up use restrictions and rules, but declaring them 'private' is probably not allowed, and unless the Village attorney didn't review things probably...

Q: I bought my house in 2015 and been living in it since 2011 where my Neigbor bought his house in 2011 from a bank.

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Answered on Jul 30, 2017
Vincent Gallo's answer
Did you wisely invest in getting a new survey when you bought your house? Because if you did, you would know precisely what YOUR property lines are, irrespective of what your neighbor so advocates.

Q: How do I acquire property where the owner is unknown and it has been vacant for at least 10 years or more?

3 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Answered on Jun 28, 2017
David Soble's answer
Please know that in Michigan an action for adverse possession requires 15 years.

To prevail there must be actual, visible, open, notorious, exclusive, hostile, continuous, and uninterrupted use of the property by the person filing for the right to possess the property. Just because the property is "abandoned," someone must be paying property taxes to keep it from tax foreclosure. My suggestion is that you go to the property tax department and see whose name is on the tax bill, then...

Q: Can my township take my house if I don't replace my wooden siding with vinyl.

2 Answers | Asked in Constitutional Law, Construction Law, Land Use & Zoning and Real Estate Law for Michigan on
Answered on Apr 20, 2017
David Soble's answer
Generally, no, if the reason for their request is because of "blight."

However, if your current home is posing a danger to the public, then they can condemn the property. Hard to know how "siding" can pose a danger to the community.

Q: Can a local township ordinance disallow me from living in my building because it is zoned "industrial"?

1 Answer | Asked in Land Use & Zoning for Michigan on
Answered on Dec 20, 2012
Timothy V. Kassouni's answer
If the industrial zoning designation was made after you were already living in the building, then you may a have a good argument that your right has been "grandfathered." Typically zoning designations cannot be applied retroactively.

For more information on zoning law visit http://www.kassounilaw.com/land-use-law/zoning-law/.

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