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Michigan Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Michigan on
Q: Am I responsible to clean up leaves from my tree that fall in my neighbor's yard?

I have a tree in my yard where some of its leaves fall into my neighbor's back yard. The neighbor will then take leaves from their entire property, including their front and side yards, and dump them on my side of the fence. Am I responsible for cleaning up their side of the fence? Can they... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Nov 14, 2024

No to both questions under the Massachusetts rule, but I do not believe that the Michigan courts have ruled definitively on this topic.

1 Answer | Asked in Real Estate Law for Michigan on
Q: After spending 70k rehabbing a property the Detroit land bank reconveyed it what are my options
Kenneth V Zichi
Kenneth V Zichi
answered on Oct 25, 2024

You don't provide enough information to even hazard a guess.

Without details like time frame, what you did, what your interest was in the property and the tax status of the land it is impossible to say.

I'd strongly suggest you gather the above information, copies of all...
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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: My city wants to plant a tree in the easement area betweent he sidewalk and road - can I stop them if I dont want the tr
Thomas. R. Morris
Thomas. R. Morris
answered on Oct 18, 2024

Probably not, but you can discuss your preference with the city. The "easement" you refer to may be land owned by the city, and if it is indeed an easement I expect that the city's rights with respect to the easement include determining whether to plant a tree.

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1 Answer | Asked in Real Estate Law and Civil Rights for Michigan on
Q: How to handle neighbors with barking dogs?

The house next to mine was sold to new people this spring, who have vicious barking dogs. Every time I am outside watering my flowers and lawn these dogs begin barking at me uncontrollably, and I can't even focus on what I am doing. Over the summer I have had 20 to 30 different dogs walk by... View More

James L. Arrasmith
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answered on Sep 19, 2024

Dealing with neighbors' barking dogs can be frustrating, especially when it's affecting your ability to enjoy your home. A first step is to have a calm and respectful conversation with your neighbor. Explain how the barking is impacting you and see if they’re willing to take measures,... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: If part of a property description is left off of a recorded deed, is that considered a broken chain of title?

Ex: Land contract and subsequent Warranty Deed recorded 1981 and 1983 do not include "Lot extends to Water's Edge". The extension was subsequently deeded as a Quit Claim in 1997 and it was not submitted as a correction affidavit or noted as being filed to correct a previously... View More

Anthony M. Avery
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answered on Aug 21, 2024

No... But in the next recorded conveyance hire a competent MI attorney to draft a deed with a complete legal description and derivation of title.

1 Answer | Asked in Real Estate Law and Tax Law for Michigan on
Q: What's the effect on liability & property tax when nonprofit beach assn corp is dissolved for non filing annual reports?

Parcel is owned equally by homes in the neighborhood. Last report was filled in 2019. Our park liability insurance is paid but they will not cover claims while dissolved as we understand. We are waiting for the documents from the state to correct the issue and be in good standing again. The board... View More

James L. Arrasmith
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answered on Jul 28, 2024

When a nonprofit beach association corporation is dissolved for not filing annual reports, it can have significant implications for both liability and property tax. Since the corporation is not in good standing, your park liability insurance may not cover any claims, potentially leaving the... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: I'm in MI. I live in a small condo complex. A cluster mailbox was installed that violates federal regulations.

I am trying to find legal help in my area, I have sent out this problem to a couple of firms, no answer. Possibly I need to know what type of lawyer deals with this type of problem. The regulation being violated is the that the lowest floor of a mailbox for residential use must be no lower than 28... View More

Brent T. Geers
Brent T. Geers
answered on Jul 25, 2024

Are you part of an association? I imagine your best - or at least your first - course of action would be to address this with the association.

1 Answer | Asked in Real Estate Law for Michigan on
Q: I was in a relationship for over 8 years but never got married. We are now breaking up. what are my option on this house

I was in a relationship for over 8 years and engaged but never got married. During this relationship me and my partner bought a house but my name was not on the title and mortgage but I paid half towards everything i.e mortgage, utilities, property tax etc. We are now breaking up. Can you let me... View More

Brent T. Geers
Brent T. Geers
answered on Jul 18, 2024

I'm afraid you don't have many good options outside of what you may be able to negotiate. Legally, you are a tenant. While you certainly are not obligated for the mortgage or taxes, you're also not entitled to any share of the equity. Had your name also been on the deed, then you... View More

2 Answers | Asked in Consumer Law, Contracts, Real Estate Law and Environmental for Michigan on
Q: Do I need a lawyer for an actual t of God catastrophe to be paid by my insurance company under my renter's policy

Tornado. Insurance company doesn't want to pay I'm going to be homeless and I have no food, money or gas to go apply for disaster relief

John Michael Frick
John Michael Frick
answered on Jul 15, 2024

You may need a lawyer if your insurance company isn't upholding its end of your insurance policy.

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1 Answer | Asked in Real Estate Law for Michigan on
Q: If I suspect forgery in the transfer of a deed property, what course of action should I take to stop the sale of the p
Brent T. Geers
Brent T. Geers
answered on Jul 8, 2024

You'll want to engage a real estate attorney quickly who can advise you whether and how to stop the closing. With the money and other legal stakes involved, this is not something you just do hoping your suspicions are accurate.

2 Answers | Asked in Foreclosure and Real Estate Law for Michigan on
Q: A friend bought my parents foreclosed house- can they sell back to me now at same low price?

Purchase was 10 years ago, and under market value. Any statutes apply? Michigan

Anthony M. Avery
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answered on Jun 27, 2024

Seller can convey to who he wants. But get a MI attorney to search the title and draft the Deed.

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1 Answer | Asked in Real Estate Law for Michigan on
Q: I need legal advice on a recent issue with a house purchase. The title cleared, but the property is now on a demolition.

1. House Purchase: I bought a house and the title cleared during the purchase process.

2. Demolition List: However, I have recently discovered that the house is listed on a demolition list with the city.

3. Renovations: In good faith, I proceeded with renovations on the property,... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 15, 2024

What sort of ‘list’ is this on? Can that determination be reversed?

Your BEST option is to stop the house from being demolished. In that case you can continue with the repairs and use the place.

I’d focus less on ‘undoing’ the sale and instead concentrate on preventing the demolition.

1 Answer | Asked in Real Estate Law for Michigan on
Q: Can i get a Legal Aid attorney? I'm out of country landlord and do not have the money for attorney fees.

Can i get a Legal Aid attorney? My tenant took me and my management company to court, I'm out of country landlord and do not have the money for attorney fees.

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 11, 2024

If you own rental property you most likely don’t meet poverty guidelines to qualify for legal aid.

Your location shouldn’t matter in hiring an attorney. Ask your management company to help you find representation and pay the fees needed to retain local counsel.

1 Answer | Asked in Real Estate Law for Michigan on
Q: If a land contract in Michigan has 2 unmarried sellers can 1 seller represent both sellers in a land contract forfeiture
Brent T. Geers
Brent T. Geers
answered on May 3, 2024

Probably not. They could collectively employ an attorney to represent them.

1 Answer | Asked in Real Estate Law for Michigan on
Q: Hello, we purchased a home In Michigan in our LLC name in 2023. We accidentally used the EIN from wrong LLC
Kenneth V Zichi
Kenneth V Zichi
answered on Jan 31, 2024

You have not actually asked a question. Typically the EIN is only used for tax purposes so this doesn’t impact the TITLE but it will impact your capital gains and other tax issues so you’re going to need to amend things and file that amendment with ALL the appropriate agencies.

Get a...
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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Business Formation for Michigan on
Q: Is there a minimum size of land requirement for a private particle accelerator laboratory?

Research and development physics laboratory that would include particle accelerators. For the state of Michigan

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 9, 2023

Zoning requirements vary depending on WHERE in the state you are. Your best bet is to contact a local lawyer to provide specific information for the city/township where you are interested in building.

That said, there are LOTS of legal issues before building a complex thing like this, and...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Landlord tenant case I need to file a motion to reconsider a motion to set aside a default judgement motion to stay

EMERGENCY HELP TIME SENSITIVE MATTER I need guidance in filing a motion reconsider so we can get back in front of the judge in regards to a landlord tenant case on back rent that is owed my mother owns her mobile home has lived in this park for 12 years, they are taking her to court for rent owed... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 4, 2023

You need to hire a LOCAL attorney familiar with trailer park rentals.

Get off the internet looking for help, and get on the phone to someone nearby who can help.

This is not going to be a successful DIY situation -- you cannot afford to NOT have an attorney familiar with the area...
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1 Answer | Asked in Civil Litigation, Land Use & Zoning and Real Estate Law for Michigan on
Q: Well house building dispute. Can we take quiet title or take adverse possession?

Five cottages which all used to be rentals until 1967 are only buildings hooked to the well house building which has its own address and bills come to me. A neighbor bought a cottage next door to it (which is not hooked up to the well house), yet wants access to it. He says building is on his... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 7, 2023

You need a local real estate attorney to review all the facts and provide you advice. That is not something that can be provided in a forum like this.

Seriously — this is FAR more complicated than can be accommodated in a public forum. You need to hire an attorney!

1 Answer | Asked in Real Estate Law for Michigan on
Q: Can attorney representing my fathers estate which I'm on handle a case involving estate for my siblings?

My father passed I was going to purchase his house. Now there is a fight. My siblings want me evicted and sell to a friend of my brothers. My son got drunk brother who lives next door hates him. Can an attorney from the firm that is handling my fathers estate represent my siblings. I am on the... View More

Brent T. Geers
Brent T. Geers
answered on Oct 31, 2023

It likely is a conflict of interest. Your siblings appear to have adverse interests and should - each - retain their own counsel.

1 Answer | Asked in Real Estate Law and Tax Law for Michigan on
Q: Legal claims for paying delinquent property taxes

I live in a property owned by my aunt that I pay her for. My aunt’s name and my mom’s is on the house. There was delinquent in taxes since 2021. I got a foreclosure notice from Saginaw county in Michigan. I went and paid all of the delinquent taxes for the property in August 2023. The aunt is... View More

David Soble
David Soble
answered on Oct 29, 2023

Any agreements concerning real estate must be in writing, according to the "Statute of Frauds." The idea is that certain types of contracts must be signed and in writing to be valid because verbal or oral agreements dealing with real estate can create confusion and therefore, verbal... View More

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