Boundary disputes can be some of the most contentious types of real estate matters, often involving a fact-intensive inquiry into how properties and boundaries have been treated over a number of years. The attorneys at Hirzel Law are experienced in representing property owners in such disputes. These disputes often arise when adjoining property owners disagree on whether a deed or easement accurately describes the boundaries between adjoining properties. In most cases, one property owner will claim that the actions of the property owners, or their predecessors in title, have altered the boundary lines. Common claims involving boundary disputes are for acquiescence, adverse possession, nuisance or trespass. The attorneys at Hirzel Law can help navigate these claims and assist in establishing the correct boundary between properties.
Commercial Real Estate
The attorneys at Hirzel Law represent developers in connection with land purchases and sales and the resulting commercial developments. These projects involve mixed use developments and commercial uses. We assist clients in the initial development and construction of the project, financing, obtaining permits, an analysis of zoning requirements and drafting and entering into construction contracts. After the initial buildout is complete, we assist clients with the next phase of the development, including drafting letters of intent, negotiating leases, and reviewing guarantees, promissory notes and assignments of leases. Once development is complete, we can assist clients in protecting their investment in the project through eviction proceedings and enforcement actions.
Hirzel Law attorneys represent builders and developers in all aspects of residential development. We help establish Condominium Projects by preparing the Master Deed and Bylaws, help establish Subdivisions by drafting the Declaration, Covenants and Restrictions, and assist all types of residential developments by drafting appropriate Rules and Regulations. We also help the developer obtain the necessary governmental approval for the project. We can prepare the applicable sales documents, such as the disclosure statement, escrow agreement, limited warranty and purchase agreement, that are needed to sell units. We can stay involved through the entire sales and development period, and can assist a developer in maintaining compliance with the Michigan Condominium Act until control is turned over to the co-owners. Hirzel Law attorneys also assist with the construction of individual homes and issues regarding building permits and certificates of occupancy.
Establishing the status of title to property is one of the most significant issues in real estate because it establishes ownership of the property. If a title dispute arises, Hirzel Law attorneys can help negotiate a resolution of the dispute prior to litigation or, if necessary, by filing a quiet title action and recording a notice of lis pendens with the appropriate register of deeds. A quiet title action can be used to establish the correct title to property against adverse claimants, and a successful action insures that any other potential interest holders’ claims are forever barred. Whether addressing claims for superior title or adverse possession, or negotiating a resolution to a potential dispute without having to litigate, Hirzel Law attorneys protect our clients’ interests in real property.
Zoning/Land Use Planning
Through the Zoning Enabling Act, MCL 125.3101, et seq., Michigan has delegated to its municipalities control over many of the functions related to the regulation and development of land. This zoning authority is a powerful means by which a municipality can control land within its borders, but the Act defines the responsibilities and the authority of governmental zoning. Hirzel Law attorneys handle all aspects of zoning and land use planning from project conception through municipal approval and can assist clients in negotiating this process including helping to interpret ordinances, appearing before a board of zoning appeals or other municipal body, or pursuing a variance.
Hirzel Law attorneys assist builders, developers and individual property owners with splitting lots and obtaining the necessary municipal approval. While a lawsuit is not always needed, in some instances modifications to a plat, such as vacating, correcting or revising a highway, road, street or other land dedicated to public use require the filing of a lawsuit in a Michigan Circuit Court. The circumstances under which a court order is required in order to revise a plat are set forth in the Michigan Land Division Act, MCL 560.221 through MCL 560.229. Upon entry of a final order, MCL 560.227a sets forth the manner in which title to the property will vest after it has been vacated. Hirzel Law attorneys are prepared to assist their clients in properly amending and revising plats, either through litigation or any other methods allowed under the Michigan Land Division Act.
Hirzel Law, PLC
37085 Grand River Ave., Ste 200
Farmington, MI 48335