Michigan Real Estate Legal Questions

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212 legal questions have been posted about real estate by real users in Michigan. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include easements, commercial leasing, and commercial real estate. All topics and other states can be accessed in the dropdowns below.
Michigan Real Estate Questions & Legal Answers - Page 3
Do you have any Michigan Real Estate questions page 3 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 212 previously answered Michigan Real Estate questions.

Recent Legal Answers

you have these issues: 1. the owner's failure to maintain the property, might, if it interferes with the use of your property (rodent infestations, branches causing damage on your property etc, consitutes nuisance per se. other than that, the owner technically can charge you with trespass 2. be very careful about getting the owner unhappy with you, a landlocked property owner can claim an access easement of necessity to get to the property- typically the shortest distance to road access with the least disruption to the other owner is where such easements go; you don't want him claiming through your property. 3. the fact the land is landlocked means his use of it might be very limited (zoning). Buying him out, for just the raw land might make sense; also you could partner with a couple of other neighbors and put an offer on the property and then divide it among the buyer(s). I hope this helps... Read More
you have these issues: 1. the owner's failure to maintain the property, might, if it interferes with the use of your property (rodent infestations,... Read More
YOu should reach out to Michigan Legal aid or the State Bar Lawyer referal service at 8009680738
YOu should reach out to Michigan Legal aid or the State Bar Lawyer referal service at 8009680738
It depends on if you are on the lease or not. Whoever is on the lease is a legal tenant, whoever is not on the lease is not a tenant with limited rights to be on the property as an invitee.
It depends on if you are on the lease or not. Whoever is on the lease is a legal tenant, whoever is not on the lease is not a tenant with limited... Read More

why was my question removed from ask a lawyer.com

Answered 3 years and 3 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
If the case has been adjudicated, you will have a serious challenge overcoming a final judgment of quiet title the facts and circumstances of the prior case will determine if it is worthwhile to contest this.
If the case has been adjudicated, you will have a serious challenge overcoming a final judgment of quiet title the facts and circumstances of the... Read More
the answer is maybe if the bylaws permit it best thing to do is get a group of neighbors to sign a petition demanding the practice stop
the answer is maybe if the bylaws permit it best thing to do is get a group of neighbors to sign a petition demanding the practice stop

is it legal to grow marijuana outside where it is visible to neighbors

Answered 3 years and 6 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
Bad news, growing in Michigan is illegal. Bad news for them, there is a limit to how much they can grow and, if they grow too much, they can be reported for an illegal grow. However, an action for nuisance might be possible. You will need witnesses, get 2 or 3 people and film them and their reaction to the smell.... Read More
Bad news, growing in Michigan is illegal. Bad news for them, there is a limit to how much they can grow and, if they grow too much, they can be... Read More

Lease to purchase agreement

Answered 3 years and 7 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
This should be simple, only cost issue is depends on the property, the terms (length of contract and equitable rights) and whether you are also purchasing the personal property. Please consider me for this work.
This should be simple, only cost issue is depends on the property, the terms (length of contract and equitable rights) and whether you are also... Read More

What are my rights?

Answered 3 years and 7 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
You have the right to get your stuff back. You will need a lawyer. It would help if you have a witness to the crime. File a criminal complaint and a civil complain for triple damages under MCL 600.2919a. The case sounds like a slam dunk. Also you can get attorney fees and attach the dude's house for harboring the stolen property.... Read More
You have the right to get your stuff back. You will need a lawyer. It would help if you have a witness to the crime. File a criminal complaint and a... Read More

Security deposit kept

Answered 3 years and 7 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
Unless that landlord strictly complies with the security deposit statute, they can be liable for special damages. You defenitely need legal counsel for this. If you are in southeast Michigan, this case is of interest to me.
Unless that landlord strictly complies with the security deposit statute, they can be liable for special damages. You defenitely need legal counsel... Read More
You will need a quit claim from him or you will need to do a quiet title action against him The same lawsuit could also seek damages for any part of the costs they did not pay. If this involves property in SE Michigan, please consider using me on this matter.  
You will need a quit claim from him or you will need to do a quiet title action against him The same lawsuit could also seek damages for any part of... Read More

Can I put a driveway into an easement that crosses my land

Answered 3 years and 7 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
The short answer is yes. An easement is an agreement that allows some use on your property to benefit another. As long as the benefit remains for the person with the easement, you are allowed to use it too. I reccommend meeting with the other party and securing their agreement on your plan as a courtesy that makes sure they see their use is unaffected and to avoid any problems.... Read More
The short answer is yes. An easement is an agreement that allows some use on your property to benefit another. As long as the benefit remains for the... Read More
you need to do a new deed and record it with the register of deeds I always reccommend using a lawyer because they will make sure the deed is correct. you should share the prior deeds you have done in case they were not done properly.   the couple hundred a lawyer will charge is cheap compared to the thousands that people pay going to court to fix a mistake.   best of luck to you... Read More
you need to do a new deed and record it with the register of deeds I always reccommend using a lawyer because they will make sure the deed is... Read More
absolutely she can do a Lady Bird deed to avoid probate. you will probably need to have her execute it in Indiana and then record it in Michigan.
absolutely she can do a Lady Bird deed to avoid probate. you will probably need to have her execute it in Indiana and then record it in Michigan.

What happens when

Answered 3 years and 8 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
it depends on what the deed says. if it was uncontingent, only the estate can further transfer the deed, if it was contingent, title might revert to the Grantor; additionally, if the grantor and grantee were married, it might revert automatically. you probably should have a lawyer review what your options are.... Read More
it depends on what the deed says. if it was uncontingent, only the estate can further transfer the deed, if it was contingent, title might revert to... Read More
Sadly, I think they can charge the large deposit. The good news is you can get it back if you sell or move. Good luck.
Sadly, I think they can charge the large deposit. The good news is you can get it back if you sell or move. Good luck.

evicted from my business with 6 day notice

Answered 3 years and 9 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
Not sure if you have a case, if the lease signed by the prior owner is valid you certainly have a case. Given the facts, you definitely need legal counsel for this. Depending on the prior lease, the six days to locking you out (assuming rent was paid, did they sue for possession?) seems very fast and without a court order, that is VERY troubling.  ... Read More
Not sure if you have a case, if the lease signed by the prior owner is valid you certainly have a case. Given the facts, you definitely need legal... Read More
You do have legal rights. You have what is known as an equitable mortgage.  You should hire a lawyer and get an Agreement from her that memorializes her rights. You can try to talk to her when she is not "the other person" and see if you can work out something without going to law.    good luck... Read More
You do have legal rights. You have what is known as an equitable mortgage.  You should hire a lawyer and get an Agreement from her that... Read More

What kind of lawyer do i need to sue my neighbor for property damage

Answered 3 years and 11 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
A review of your situation by a competent real estate attorney is your first step. You will need a copy of your deed and any title work you have. Additionally, evidence is crucial. Take lots of pictures. Of what they did and any damage. If it was done deliberately to damage your property there may well be a cause of action nuisance and possibly deliberate damage to land.... Read More
A review of your situation by a competent real estate attorney is your first step. You will need a copy of your deed and any title work you have.... Read More

Can I do my own ladybird deed?

Answered 3 years and 11 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
you can do it but ask yourself, what is the cost of doing yourself and not getting it right and hiring a lawyer for a couple of hundred dollars and having it done right?   with deeds, small mistakes lead to big problems but the choice is yours. 
you can do it but ask yourself, what is the cost of doing yourself and not getting it right and hiring a lawyer for a couple of hundred dollars and... Read More

Can my apartment complex raise my rent without a 30 day notice?

Answered 4 years ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
The Landlord can only charge the rent of the original lease or evict. If the lease speaks to a holdover rent and what it is that is the rent for the time of holdover. The landlord CANNOT put a term into the lease that is not there. It will take until May 14 to evict you anyway, still if you want your security deposit back, it is best to come to some agreement. It is a very rough rental market right now.... Read More
The Landlord can only charge the rent of the original lease or evict. If the lease speaks to a holdover rent and what it is that is the rent for the... Read More

Condo board of directors refuse to follow by laws

Answered 4 years ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
You need to put together a petition to the board or call for a special election.  You will need to get proxy votes from the neighbors. If the board has done something improper (embezzlement/gross waste/fraud), they may be personally liable to the other members of the association.
You need to put together a petition to the board or call for a special election.  You will need to get proxy votes from the neighbors. If the... Read More
You definitely need legal counsel. It is not impossible to strike a fraudulent conveyance but you need to get Temporary Restraining Order ASAP to prevent further transfer and loss of your rights. Do not delay.
You definitely need legal counsel. It is not impossible to strike a fraudulent conveyance but you need to get Temporary Restraining Order ASAP to... Read More
You are on title and, unless there is some writing to the contrary you are a deeded owner of the property. Under the facts as presented (how the deed reads is critical), either he buys you out or you buy him out. If there is a mortgage, unless there is some kind of release, you are still liable to the finance company for the mortgage equally with the former fiance.  You would be well advised to seek legal counsel on this.... Read More
You are on title and, unless there is some writing to the contrary you are a deeded owner of the property. Under the facts as presented (how the deed... Read More

Seller misrepresented issue

Answered 4 years and 2 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
Based on these facts, it is not clear if you have a cause of action or not. To prevail, you are going to prove that their disclosure was knowingly insufficient. Have you figured out what the exact issue is and the cost to correct? It might be cheaper to spend the money to fix it than hire a lawyer and, hopefully rescind the agreement. More information is needed to know the right course of action.... Read More
Based on these facts, it is not clear if you have a cause of action or not. To prevail, you are going to prove that their disclosure was knowingly... Read More

How can I buy another home if I owe HUD for a reverse mortgage?

Answered 4 years and 2 months ago by attorney Gilbert Borman   |   1 Answer   |  Legal Topics: Real Estate
the fact you have a reverse mortgage does not prohibit you per se from buying another home.   the reverse mortgage is tied to your lifespan but you can buy another home- your issue will probably be related to qualifying for another mortgage.   the one thing you can do is rent out your current home and use the proceeds to rent a ranch- but do check your mortage to be sure renting is permitted (you might need permission to do so, but you do have a medical reason).... Read More
the fact you have a reverse mortgage does not prohibit you per se from buying another home.   the reverse mortgage is tied to your lifespan... Read More