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Real Estate Litigation

Michigan Real Estate Litigation Attorneys

Michigan Real Estate Litigation AttorneysIn all areas of life, there is a set of rules and regulations. Real estate in Michigan, is no exception. At Hirzel Law, PLC, our real estate litigation attorneys take great pride in providing quality legal representation that is second to none. Whatever your real estate needs, we are prepared to assist you with our comprehensive understanding of Michigan’s real estate laws. For trusted counsel on all matters in the real estate transaction and modification process, from residential development to commercial real estate, our team of real estate litigation attorneys is ready to help.

There are numerous types and classifications of real estate, which make this field so complex. While real estate laws and regulations have been in existence for as long as people have conducted business and lived in homes, that does not imply it has been simplified. Hirzel Law’s real estate litigation attorneys bring extensive knowledge to businesses and residents to efficiently resolve all real estate matters they may experience in Michigan.

What Is Real Estate Litigation?

Real estate litigation is any type of dispute arising out of real property or an interest in real property. Real estate litigation could include a dispute that arises during the acquisition of property, or it could be a dispute arising out of ownership rights or other interest in a property. Real estate litigation can range from a simple breach of a real estate contractor between a vendor and purchaser, or it can get into complex title issues.

At Hirzel Law, our real estate litigation attorneys counsel and advocate for landlords, homeowners, real estate developers, and numerous other commercial clients in real estate litigation. Our firm routinely manages a broad range of real estate law for our clients in Michigan, including the following areas:

Boundary Disputes

In Michigan, boundary disputes typically occur when property owners claim title to additional land using the adverse possession doctrine. Adverse possession disputes frequently arise when neighboring property owners dispute whether a deed correctly outlines adjacent properties’ borders according to the parties’ historical use of the properties. Usually, boundary disputes arise after one property owner argues that the property owners of their predecessors in title have altered the property boundary line. Common claims relating to boundary disputes are linked to:

  • Acquiescence
  • Adverse possession
  • Trespass

Commercial Real Estate

Commercial real estate is heavily regulated in Michigan because of the potential to affect more individuals than any residential property does. If you are a commercial real estate developer, look to Hirzel Law’s real estate attorneys to advise and educate you in all matters relating to sales, land purchases, and commercial development. Our real estate litigation attorneys are positioned to help with a broad range of real estate and commercial development matters relating to:

  • Construction contracts
  • Construction liens
  • Construction litigation
  • Due diligence
  • Estoppel letters
  • Financing
  • Insurance analysis
  • Land use and zoning requirements
  • Leases
  • Letters of intent
  • Promissory notes and guarantees
  • Purchase agreements

Residential Development

Retaining an accomplished real estate lawyer to counsel you on residential development is a significant advantage. Hirzel Law’s experienced real estate lawyers can help you navigate every aspect of residential development, providing reliable legal advice on matters such as:

  • Aiding with the construction of individual homes
  • Drafting appropriate rules and regulations for all types of residential developments
  • Drafting declarations, covenants, and restrictions for subdivisions
  • Helping developers obtain the required governmental approvals
  • Preparing the master deed and bylaws to establish condominium projects
  • Preparing sales documents, like escrow agreements and disclosure statements
  • Resolving issues regarding building permits and certificates of occupancy

Title Disputes

One of the essential elements of Michigan real estate is establishing the status of title to the property, which confirms ownership of the property. If you find yourself in a title dispute, we highly recommend seeking legal advice to help you resolve it. Get in touch with our skilled real estate lawyers to help negotiate a resolution to the dispute before quiet title litigation is lodged.

If required, we 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 rights in real property.

Zoning/Land Use Planning

Per the Michigan Zoning Enabling Act, appointed municipalities control many of the activities associated with land control and development. While this zoning authority is a prevalent means by which a municipality can direct property within its boundaries, the act defines government zoning’s obligations and governance.

Clients benefit from our real estate litigation attorneys’ proven abilities to handle zoning and land use planning from project conception through municipal approval. We help builders, developers, and individual property owners in resolving this process by:

  • Appearing before a board for zoning approval or appeals
  • Interpreting ordinances
  • Pursuing a zoning variance
  • Splitting lots and obtaining the necessary municipal approval

While real estate litigation is not always necessary, in some instances, the modifications to a plat—like vacating, rectifying, or changing a highway or other land set aside for public use—require the filing of a lawsuit in a Michigan Circuit Court.

What is the Michigan Land Division Act?

As the name suggests, the Michigan Land Division Act, MCL 560.101 et seq. regulates the separation of land into two or more small parcels, as well as various other issues related to the use of land.  Common issues that arise under the Michigan Land Division Act, MCL 560.101 et. seq., are as follows:

  • A subdivision of land into two or more parcels. The Michigan Land Division Act also defines what types of land divisions are subject to the Act and what types of land divisions are identified as “exempt splits.”
  • The Michigan Land Division Act sets forth the process for the creation of a plat of land and also provides the procedure to replat land, along with providing the requirements that are required to be included within a record plat.
  • The Michigan Land Division Act also creates a cause of action that would permit a circuit court to vacate, revise or correct a recorded plat.
  • The Michigan Land Division Act also provides a procedure for vacating public streets or alley and a procedure for determining title to a vacated street or alley when it is transferred from public ownership to private ownership.

Contact Our Seasoned Real Estate Litigation Attorneys

At Hirzel Law, PLC, our real estate lawyers 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 take on the difficult cases in the courtroom while ensuring our clients are prepared for all the possible outcomes. Hirzel Law’s real estate lawyers 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. To talk to one of our award-winning real estate litigation attorneys today about your real estate matter, complete a contact form or call 248-986-2290.

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Traverse City MI Office

1001 Bay St., Suite E
Traverse City, MI 49684

(231) 486-5600
Monday - Thursday
9:00am - 4:00pm
Friday: By Appointment

 

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