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Michigan Marketable Record Title Act   Author: Michael King Interests held in real property are often extremely valuable to the interest holders, and can affect the character and uses of the land in which they are held. The validity and enforceability of such property interests in Michigan are governed by the Marketable Record Title Act. On December 29, 2020, Michigan effectively amended the Marketable Record Title Act, and in so doing provided property interest holders in this state additional time … Read more

Variance Requests: Navigating Zoning Regulations and the Zoning Board of Appeals Author: Jake Vande Zande Almost any time you want to do something with your property, zoning is going to play a role in that project. Whether you want to build a new house, add an addition, build a deck or split your lot, you are going to have to navigate your city’s zoning ordinance and possibly your city or township’s Zoning Board of Appeals (“ZBA”). One of the most … Read more

Michigan Adopts Remote Witnessing and Notarization Legislation Author: Jake Vande Zande Governor Whitmore signed several new bills into law related to remote witnessing and notarization due to the hardships created by the COVID-19 pandemic, which will be advantageous for people and businesses that frequently work with notarized or recorded documents. The new legislation that allows electronic signatures, remote witnessing and notarization will replace Governor Whitmore’s prior executive orders that were struck down. The new legislation concerns documents that have been … Read more

Introduction  Owners who lost property in a tax foreclosure may be entitled to compensation if the county auctioned the property for more than the tax owed. The Michigan Supreme Court’s recent ruling in Rafaeli, LLC v Oakland County, No. 156849, WL 4037642 (Mich. July 17, 2020), made an important pronouncement about the rights of former property owners to the surplus proceeds from property tax foreclosure sales by holding that the practice of counties keeping surplus proceeds from tax foreclosure sales is unconstitutional. In short, the Michigan Supreme Court held that if a county retains “surplus … Read more

Introduction  If there is something wrong with or complicated about the title to your real estate or the real estate you’re about to purchase, then a quiet title action may be necessary.  As explained below, a quiet title action is a lawsuit that literally “quiets” disputes, claims, or challenges to the title of real property.  For most people, real estate is the most valuable asset they own. Without proper title, it can be almost impossible to sell or get a mortgage on property. For this reason, it is important … Read more

Introduction Buying and selling a house can be one of the most important events of your life and for many people will be the largest financial transactions they ever participate in . Buyers and sellers should have a basic understanding of the law related to transferring residential property and most importantly Michigan Seller’s Disclosure Act (SDA), which imposes legal requirements on sellers to disclose specific information that they know about a home. This article will provide an outline of the … Read more

Have you ever reached the end of a public beach and wondered if you could keep walking?  Michigan is surrounded by the beautiful Great Lakes, their beaches attract millions of people each year. But lakefront property in Michigan is largely privately owned and “No Trespassing,” which causes many people to wonder: where Can I walk on the beach? The short answer is that individuals have the right to walk the Great Lake shorelines in Michigan, but this right has limits. … Read more