Michigan Real Estate Legal Questions

If you are not using it as a residence, then I cannot see how it can be claimed you are using it as a residence. You have an absolute right to use the property. Just as you can store your property in a garage, your dogs are your property. You will not be able to keep the beds there. The alternative is install what is needed, probably just a bathroom, and file for a certificate of occupancy as a residence.  ... Read More

Depending on how the house was deeded to you will determine what your right course of action is. If the house was deeded to you 'as husband and wife,' there is nothing you need to do. When he died you automatically became sole owner. If you go to sell or mortgage the house, all you need to do is present a copy of the death certificate. So if you bought with a warranty deed, you can give a warranty deed. Depending on the nature of your title and your deed, you might not have an issue. If he bought it before your marriage, that could be an issue for you. You would be well served by having an attorney review your deed and check title. Best to take care of problems before try to do something and find out you can't or you need months to fix the issues. Best of luck to you.... Read More

If the fence is on your property, you can sue for trespass and nuisance. If it isn't, unless the dog is coming on your property or affecting your property in some way, then you can't. The only way to know with certainty what your rights are is to have a survey done. From there, if the fence is on your property, a lawyer letter to the neighbor should be enough to get them to stop. I can only handle matters in the Washtenaw and the Detroit area.   good luck!... Read More

Typically, acceptance of the agreement binds the parties to complete the sale. The seller warrants they have good title or can give a warranty deed (something the title co. will ensure). But it depends on what the purchase agreement says. You made the good faith deposit. You normally should get it back if the deal failed because the seller could not give good title. That said, with a judge deciding how the proceeds will be divided, in theory, the seller has the authority to complete the transaction and that might (depending on the agreement) allow them to force you to sell.  You liked the house enough to put an offer in on it. If you still want it, you can close on it have good title. Given the title issues, depending on how much time has gone by and the terms, you might be able to walk away and get your money back. Hiring a lawyer at this point is probably a good idea. ... Read More

Much will depend on: if the sellers are collectable and locatable if the contract of sale was as-is or otherwise prevents recovery your litigation budget, this is not a case for a contigency fee while the statute of limitations is 3 years the contract might cut off sooner and getting something filed before the year is out is wise. I litigate in SE Michigan if you are in a different area in the state, I can refer you to someone. Please be in touch if you wish to discuss this further.   good luck!... Read More

This sounds like a law school exam question. The deeds between the properties would be controlling. As for the overages, what are they and how were they deeded. Yes Michigan is race-notice but adverse possession might apply if the original owner allowed his property to be used without taking action. You will need a real estate attorney to address this issue.  Feel free to be in contact if I can be of service.... Read More

it would help if you have a written lease as without it your rights are short-term at best. The mom's shutting off the water is unlawful and she can be sued for damages. A claim of constructive eviction. Tortious interference with your right to be in the property. A claim for trespass might also be allowed. You will need legal help on this, I highly recommend you get a lawyer.... Read More

there are a few ways to resolve this- record a renunciation of interest in the property(s). have dad record a quit claim removes you from title (you will have to co-execute the deeds). Also, if your dad gives you a hold harmless, so long as the damages form the suit are less than the property, he has to make good on any losses to you from the suit. any competent lawyer can help you get this done. good luck to you and let me know if I can be of help... Read More

Unless the original contract provides for a storage or rental fee for the use of your land, you have no right. What you do have a right to do is to send them a registered letter to come pick up their tank in 30 days and, if they do not call to schedule a pickup or fail to pickup if they set a pickup date, then you can haul it away for scrap. ... Read More

this is a major mistake in drafting. you need to either get a quit claim from the incorrect person on that deed or file an action for quiet title on the property. also, since the person whose name is one the incorrect deed can sell the property without your say-so, recording a Claim of Interest to prevent transfer of the property to any third party is highly advisable. You definitely need to retain a real estate attorney for this matter. If I can be of service, feel free to be in touch.... Read More

If you don't have a buyer, hire a broker and list the property for sale. As long as the lady bird deed was recorded, you should not need to go to probate. Since the brothers are both old, it might be wise having them sign a durable power of attorney so the sale can be completed if something happens,.... Read More

the buyer might be able to sue for specific performance and you might have to sue to rescind the agreement but your first step is to tell the buyer the price for your signature on the contract is an increase in the price to cover clearing. note, depending on the land, the timber might be worth something so you might want to be sure that, if you clear it, those proceeds are yours. you are probably best served having a lawyer write the letter demanding rescision or increase  good luck... Read More

Technically, when you did not pay per the Land Contract Agreement, you were in Default. The Agreement determines what the remedies are on the sale. You might be well served getting legal help- interpreting the agreement and seeing if the seller breached the agreement first. If you are confident enough, negotiate, send a counter-proposal to the seller say for one year with a $5000 balloon.  Sometimes, when it comes from a lawyer it sounds better.... Read More

Bullets are a clear threat to your safety. You have an action for damages for trespass and nuisance and even statutory damage to property. You definitely need legal counsel. If you are in the Southeast Michigan area, I could represent you or, otherwise I can try and find a good real estate attorney for you. Collect any bullets that have hit your propery, they are evidence. Call the police too, advise that gunfire is hitting your home. Send a letter to the other landowner and advise them to cease and desist immediately.    ... Read More

You need to analyze the bylaws. Then get proxies for the majority of the owners. Demand a meeting under the bylaws and then hold the meeting and vote out the current board. You might need legal counsel to do this but definitely make sure you have the majority of the residents before you act. You can also do a petition as a first step, if the board sees a majority against them, they might become responsive.... Read More

you are going to need to consult legal counsel to assert your rights. you need to have the probate estate appoint a personal rep to deal with this. it looks like the probate estate is closed, and you just want to walk away you can but I suspect there is some money there and you should not just throw it away. I do not not do the probate part of these situations.... Read More