Get free answers to your Land Use & Zoning legal questions from lawyers in your area.
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... View More
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... View More
The lot is .52 acres, however with the easement the home and yard are on .30 acres the rest is easement
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... View More
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?
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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?
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... View More
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... View More
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.
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... View More
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... View More
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... View More
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... View More
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.
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?
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... View More
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... View More
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.
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... View More
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... View More
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?
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... View More
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... View More
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... View More
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.
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... View More
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?... View More
they are saying they will come and take my trump sign in my front yard
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... View More
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... View More
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.... View More
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