Real Estate Litigation
Real Estate Law Practice Areas
Areas We Serve
Michigan Real Estate Litigation Attorneys
From residential buyers to commercial developers, real estate projects oftentimes involve many parties. When trying to obtain or maintain a property, additional parties may become involved if issues involving contracts, boundary disputes, or liens arise and cannot be resolved. These are just a few instances in which seeking real estate litigation with the help of a real estate attorney becomes necessary.
What Is 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. At Hirzel Law, our real estate litigation attorneys counsel and advocate for commercial landlords, property owners, real estate developers, and numerous other real estate clients. Our attorneys are experienced in real estate litigation, mitigating common disputes involving:
Commercial Real Estate Litigation
Commercial real estate disputes often arise in the context of commercial landlord and tenant relationships in industrial, medical, office, or retail buildings. Hirzel Law, PLC represents commercial tenants and commercial landlords in commercial real estate litigation matters. Common types of commercial real estate litigation matters are as follows:
- Construction / Repair Issues
- Impossibility Claims related to COVID-19
- Insurance Claims
- Interference with Possession / Quiet Enjoyment
- Non-Payment of Rent
- Property Destruction
Construction Contract Litigation
It is not uncommon for disputes involving construction contracts to arise from a breach of contract by one or multiple of the parties bound to a contract. Some of the parties commonly involved in construction contracts that may need to seek real estate litigation include:
- Commercial buyers
- Commercial developers
Breach of a construction contract could include construction delays, payment disputes, and more. Given the unique nature of disputes involving construction contracts, real estate litigation becomes a must and seeking the counsel of a real estate litigation attorney is strongly advised. The real estate litigation attorneys at Hirzel Law, PLC can counsel and protect the interests of any party involved in a construction contract dispute.
Construction Lien Litigation
Construction liens are another form of real estate litigation that involve multiple parties. A construction lien can be placed on a real estate property by contractors or subcontractors when the owner fails to pay for construction elements such as labor or materials. The Construction Lien Act, 570.1101 et. Seq., states:
“Each contractor, subcontractor, supplier, or laborer who provides an improvement to real property to which the person contracting for the improvement had no legal title has a construction lien upon the improvement for which the contractor, subcontractor, supplier, or laborer provided labor, material, or equipment. The forfeiture, surrender, or termination of any title or interest held by an owner or lessee who contracted for an improvement to the property, an owner who subordinated his or her interest to the mortgage for the improvement, or an owner who has required the improvement does not defeat the lien of the contractor, subcontractor, supplier, or laborer upon the improvement.”
Essentially, section 107 of the Construction Lien Act provides protection to third parties that have made construction improvements to the property in question. These contracted third parties can place a construction lien on the property in which the owner has failed to pay. This holds the real estate property owner accountable for expenses they were contractually obligated to pay, making it more difficult for the owner to be approved for a mortgage in the future.
Boundary Dispute Litigation
Common claims for boundary disputes involve instances of acquiescence, adverse possession, trespass, and nuisance. An acquiesced property owner may seek the counsel of a real estate attorney to proceed with real estate litigation if they cannot come to an agreement with a property claimant, or vice versa.
Adverse Possession Litigation
Adverse possession can be claimed by a party that is seeking title to the land they have possessed for an extended period of time. However, there are certain requirements that the person in possession and the land in question must meet before title of the land may be obtained. Those required elements can be found in the Revised Judicature Act of 1961, 600.5801, et. seq., and include:
- Actual Possession
- Under a Cover or Claim of Right
It is not uncommon for boundary disputes to involve cases of trespass or nuisance. A nuisance that requires real estate litigation could encompass a variety of circumstances, including an owner’s negligence to maintain their property resulting in the endangerment of surrounding properties, or issues with other elements of the property in question that compromise the health and safety of another’s property.
Trespassing is another form of a nuisance that may require real estate litigation. If a neighbor intentionally enters onto land in which they do not own and entry is not authorized, that is considered trespassing. In instances where beings and/or objects continue to intentionally enter on to or use another’s property without authorization, it is strongly advised to seek the counsel of a real estate attorney to pursue real estate litigation.
Quiet Title Litigation
One of the essential elements of Michigan real estate is establishing the status of title to the property, which confirms ownership of the property. It is not uncommon for an adverse claimant to seek establishment of a real estate property title. When multiple parties are unable to establish the status of title, real estate litigation becomes necessary. A real estate litigation attorney can help establish the title by filing a quiet title action.
A Hirzel Law real estate attorney can file a quiet title action and record a notice of lis pendens with the register of deeds. The lis pendens is designed to inform people that legal action is ongoing, and any transactions concerning the property will be subject to the court’s ruling. Quiet title actions can be used to confirm the proper title to property against hostile claimants, and a successful legal action ensures that claims from any other potential interest holders are barred. Whether negotiating a resolution to a title dispute or handling claims for superior title or adverse possession, Hirzel Law’s real estate litigation attorneys ensure provisions and contingencies are in our clients’ best interests to protect their real property rights.
Contact Our Seasoned Real Estate Litigation Attorneys
At Hirzel Law, PLC, our real estate litigation attorneys are experienced in Michigan’s real estate laws and regulations. Our dedication to staying on the leading edge of real estate law trends enables us to mitigate complex real estate challenges for our clients. Hirzel Law’s real estate attorneys have received multiple peer awards for our accomplishments in real estate law, including Michigan Top Lawyers and the Detroit Free Press “Best of The Best” law firm. We pride ourselves on delivering the highest quality of legal representation and are ready to help you with almost any real estate legal need. Contact Hirzel Law online or call 248-986-2921 (Farmington) or 231-486-5600 (Traverse City) or 616-319-9964 (Grand Rapids office).