what type of attorney is used for land disputes in western michigan

A land use and zoning attorney will resolve permitting issues, navigate land use ordinances, form real estate development contracts and litigate disputes.

Full Answer

Do I need a lawyer for property disputes?

Property disputes may involve some very specific legal issues and matters, and real property laws vary from state to state. You may wish to hire a lawyer if you need help resolving any property dispute.

Who is involved in a property dispute?

Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: Municipalities. It can be important to keep in mind that cities and municipalities can be part of a property dispute.

What are the remedies for property disputes?

Remedies for property disputes often depend on the nature of the dispute and the state where the property is located. Potential remedies include injunctions, judicial sales, monetary damages, and quiet title actions.

Do you need an attorney to resolve a boundary dispute?

You won’t always be able to solve boundary issues on your own, or even with the assistance of a land surveyor or mediator. You might want to consult an attorney, especially if the dispute is over a significant piece of land. A lawsuit against a neighbor is seldom a good idea.

How do you fight a land dispute?

You file a petition before SDO writing all your grievances, give a copy of it to District Magistrate, SP & local police station. Request them to verify and demarcate your land so that you can put your boundary, also request them to provide police force so that any possible fight should be avoided.

What happens in a land dispute?

A survey of properties can determine legal boundaries in a land dispute. A land dispute occurs when two separate entities feel like they both have a legal claim to a piece of property. This may be a disagreement about property lines, a bank foreclosure, or even a clerical error that created two rightful owners.

What are the easement laws in Michigan?

Michigan law recognizes an easement by necessity. An easement by necessity is created when a landowner is landlocked and needs access for ingress and egress over another's property. If the landowner has not other means to access his property, a court will create an easement by necessity.

How do I file adverse possession in Michigan?

To establish adverse possession, an individual must demonstrate possession of the real property for a period of fifteen (15) years and that the possession has been actual, visible, open, notorious, exclusive, continuous, hostile, and under a cover or claim of right.

What are the 4 types of boundary disputes?

What are the 4 types of boundary disputes?Plot line & party wall disputes.Fence, landscaping and outbuilding disputes.Access disputes.Adverse possession claims.

How do you deal with a land grabbing case?

In case you have been wrongfully dispossessed of a property then you can file a civil suit under Section 6 of SRA within six months from the date of dispossession. In addition to recovery, you can also pray for temporary and permanent injunction against the land grabber/trespasser.

How long does an easement last in Michigan?

fifteen yearsEasement by Prescription In Michigan, the use must, in legal terminology, be open, notorious, adverse, and continuous for a period of fifteen years.

How wide is an easement in Michigan?

66 FEETA. Easements for public roads rights-of-way are granted to duly authorized public agencies. Public Act 283 of 1909 indicates that a public highway right-of-way is four rods (66 FEET) in width even though there is no recorded instrument of conveyance.

Can property be landlocked in Michigan?

Michigan law currently provides a remedy to lack of access, providing for an “implied easement” over lands from which the landlocked parcel was created (or “split out”). Thus, owners of landlocked property frequently have legally authorized alternatives to requesting a road easement over state land.

What are the 5 requirements for adverse possession?

Under Nigerian land law, the person claiming ownership through adverse possession must show that his possession is continuous, hostile, open, actual, exclusive and uninterrupted for the statutory period.

What proof do you need for adverse possession?

Foremost among these is proving you have had factual possession of the land and that you had the intention to possess said land. There must be a sufficient degree of exclusive physical control over the land and it is generally considered to show such control you must exclude all others.

Can a Neighbour claim my land?

For adverse possession after 13 October 2003, a neighbour does not automatically acquire land simply by occupying it. After 10 years, the trespassing neighbour may apply to the Land Registry, however, the current owner will be given a chance to object via a counter notice.

What are property disputes in Michigan?

Property disputes in Michigan are common between neighbors. They even occur between companies and governments. People want to protect what is legally theirs, but sometimes the boundary lines are not clear.

Should you settle a dispute out of court?

But if your negotiations are going nowhere, it might be necessary to file the dispute with the court.

Who can be involved in a property dispute?

Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: Neighbors; Landlords and Tenants; Homeowner Associations (HOAs);

What are the remedies for property disputes?

Remedies for property disputes often depend on the nature of the dispute and the state where the property is located. Potential remedies include injunctions, judicial sales, monetary damages, and quiet title actions.

What is boundary dispute?

Most commonly, when we think of a property dispute, we think of a boundary dispute. For example, a homeowner puts up a fence in the backyard and inadvertently puts their fence over the property line into the neighbor’s yard. Or perhaps there is a tree located between two homes, and one neighbor wants to cut branches that are arching over her roof–who owns the tree?

How to resolve a property dispute with a neighbor?

It depends on the nature of the property dispute. Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes. If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with an attorney.

What is a property dispute?

A property dispute is a legal dispute that involves real estate. While it may sound relatively simple, the term “property dispute” covers a wide range of possible disputes over a wide range of property. The property involved could be anything from a vacant lot to a home, deck, condominium, manufactured home, pond, driveway, ...

How to resolve boundary disputes?

Often, boundary disputes can be resolved at least in part by having a proper survey conducted on the property (especially if you’re planning on putting in a fence). Other property disputes may become more complicated, especially when you start running into issues questioning ownership.

Can a city be part of a property dispute?

It can be important to keep in mind that cities and municipalities can be part of a property dispute. Cities have the ability to own property, and often have agencies that regulate property or issue building permits (such as a city or town planning department).

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What to do if a store refuses to refund my money in Michigan?

If you make a big purchase and later decide you to return the item, what can you do if the store refuses to refund your money? You can file a lawsuit and proceed with litigation, but the process can be costly and time-consuming.

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What is an easement dispute?

Easement Disputes . There are many types of easement disputes. There may be a written easement about which the parties disagree. Or, a neighboring property may have been using an adjacent property to gain access (either to their parcel or, often, a lake or river) for a period sufficient to create a prescriptive easement . You can read about these issues on the respective links above, or generally here.

What is the term for a neighbor's agreement to a disputed boundary?

Acquiescence. This is closely related to adverse possession, but arises when neighboring owners reach an agreement about a disputed or erroneous boundary line. Find out more here.

Is a boundary dispute complicated?

Summary . As you can see, some boundary disputes are straightforward—literally black and white as drawn on a survey. Many times, however, boundary disputes are extremely complicated. If you have questions regarding a boundary dispute in northern Michigan, please contact me.

How to file a lawsuit against a neighbor?

Be ready for your neighbor's defenses, and review the strength of your possible responses before you decide to file a lawsuit. A neighbor's most likely defenses with regard to a boundary dispute might include: 1 You have the facts wrong, or have incorrectly read the deed to your property. 2 Your neighbor owns the disputed property through adverse possession, a doctrine that allows someone who has used a piece of property without the owner's objection for a statutorily prescribed number of years to gain ownership over it. 3 Property use established a prescriptive easement, authorizing your neighbor to come across your property. 4 You gave consent to use your property. 5 You waited too long file a lawsuit, and the statute of limitations (the allowable time within which to file) ran out.

What is boundary dispute?

A boundary dispute might be a question of confusion or uncertainty. Perhaps neither you nor your neighbor has ever really looked at your respective deeds, and both had different assumptions about the extent of your property. A boundary dispute can also be for technical reasons; perhaps your neighbor's deed actually shows possession ...

What to do when neighbors have different understandings of where the boundary line is?

When you realize that you and your neighbor have different understandings of where the boundary line is, you should be proactive. Schedule a real discussion, where each of you brings your various legal documents, largely from the home transfer and title insurance files — deeds, plat maps, and property surveys —to the table.

What to do if your deeds are unclear?

If your deeds or existing surveys are unclear, you and your neighbor might agree to hire a land surveyor to give you an objective report regarding the property boundaries. If factual information isn't resolving the dispute, you might also hire a mediator to facilitate a negotiation between you and your neighbor.

What to do if factual information isn't resolving the dispute?

If factual information isn't resolving the dispute, you might also hire a mediator to facilitate a negotiation between you and your neighbor. The mediator will help you generate options that would not be possible in court — for example, perhaps there is an imaginative way of renting or sharing the disputed land that would leave both of you better off.

Is it a good idea to sue your neighbor?

A lawsuit against a neighbor is seldom a good idea. Even if you “win,” you could be stuck living next to your former adversary for years to come. Moreover, litigation will be time-consuming and expensive for both you and your neighbor. Nevertheless, a lawsuit is sometimes the only way to settle a significant boundary dispute.

Can neighbors argue over boundaries?

Neighbors rarely begin random arguments over boundaries. More often, boundary issues arise when a property owner makes improvements or changes —erects a new fence or wall, for example. A dispute against a neighbor might soon become ripe for a lawsuit if the neighbor: constructs an improvement that clearly crosses a property line.

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• When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or you are defending a dispute brought against you, you’ll need a lawyer that understands Michigan property law on your side. An experienced lawyer can help you settle before taking the disp...

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