Commercial Real Estate

The real estate lawyers 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.

Land Use

Our real estate 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 real estate 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.

Real Estate Development

Hirzel Law’s Michigan real estate attorneys represent builders and developers in all aspects of commercial and 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 or members. Our real estate attorneys also assist with the construction of individual homes and issues regarding building permits and certificates of occupancy.

Real Estate Litigation

Real Estate litigation becomes necessary when multiple parties are unable to come to a solution regarding a real estate property dispute.  Some of the parties that may seek real estate litigation include real estate developers, investors, builders, owners, and even alleged property owners. Common types of real estate litigation matters involve boundary disputes involving quiet title action, trespassing, inconsistent use of an easement, or adverse possession claims. Real estate litigation can range from a breach of a real estate contract between a commercial vendor and developer, or it can evolve into complex quiet title action and adverse possession issues.  

Zoning

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.