Tag Archives: Real Estate

Dec201114

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Federal Court Ruling Diminishes Michigan Property Rights

One of the bedrock principles of Michigan property law is that property held jointly by husband and wife is protected from the claims from one spouse’s creditors. However, a recent federal court ruling has significantly undercut this important property right. In a recent opinion, the Sixth Circuit Court of Appeals (available at http://www.law.justia.com/cases/federal/appellate-courts/ca6/10-1498/11a0580n-06-2011-08-18.html) ruled that [...]

Nov201116

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Breaking: Saurman Reversed

The Michigan Supreme Court this afternoon issued a short (two page) Order that reversed the Court of Appeals opinion in Residential Funding Co. v Saurman, which I discussed previously. The Saurman opinion in the Court of Appeals had ruled that Mortgage Electronic Registration Systems, Inc. (“MERS”) could not foreclose by advertisement in the State of [...]

Nov201114

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Non-conforming Uses: You Might Want to Leave Them Alone

In zoning parlance, a non-conforming use is a property use that would violate the current zoning regulations, but which existed before the current zoning regulations were in place. One might also say that the existing use of the property is “grandfathered.”  In order to be recognized as a non-conforming use, the property owner must show [...]

Nov201102

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Inflation Rate Multiplier for 2012 Taxable Values Issued

The Michigan State Tax Commission has, by way of Bulletin 14 of 2011, issued notification of the 2012 inflation rate multiplier, to be used for calculating 2012 taxable values.  The multiplier is 1.027, or a 2.7% increase. Therefore, pursuant to Michigan statute enacting Proposal A of 1994, the 2012 taxable value for your property, absent [...]

Oct201125

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Attention Homeowners: Michigan’s Homestead Exemption Act

If you are a Michigan homeowner who has recently purchased another home and you are unable to sell your old Michigan home, Michigan law may provide some relief. Michigan homeowners may simultaneously claim a Principal Residence Exemption on two properties so long as certain conditions are met. The law allows property owners who have established [...]

Sep201107

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Non-Economic Damages in Tort: Real Property is Special

Under the common law systems that have developed in Great Britain and the United States, real property has been held in high esteem. Land, due to its uniqueness, and scarcity has unique doctrines that the law only applies to it. Tort law and property law often collide with each other. Personal and real property often [...]

Aug201131

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Remedy Without a Contract: Unjust Enrichment Part 2

In the previous installment of this two part series, we discussed the concept of unjust enrichment and under what circumstances it can be raised.  Unjust enrichment is not available where an express contract exists. In Premer, the Michigan Court of Appeals confirmed how to properly state a claim for unjust enrichment. In order to state [...]

Aug201118

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I Got A Quit Claim Deed, So I Own It, Right?

In Michigan, there are three general types of deeds that are used in real estate transactions: quit claim, covenant, and warranty. Each of these deeds has a different legal impact. Sellers and buyers of real estate should fully understand the impact of the deed they are asked to sign, or accept. The deed with the [...]

Aug201115

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Commercial Leases: Gross vs. Net

There are two general types of leases that you may encounter when leasing commercial property. One type of lease is generally referred to as a gross lease. The other type is generally referred to as a net lease. When the phrase “gross lease” is used, that phrase generally refers to a lease in which the [...]

Apr201113

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Court of Appeals Rules For City Over Treasurer In Determination of “Public Purpose” In Sale Following Tax Foreclosure

The Michigan Court of Appeals recently ruled that it is the municipality’s legislative body, and not the County Treasurer, who has the final say as to whether a proposed purchase of tax foreclosed property is for a “public purpose,” as required under Michigan’s General Property Tax Act. In Bay City v. Bay County Treasurer, a [...]

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