Real Estate Litigation
Real Estate Law Practice Areas
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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:
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- 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:
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- Commercial buyers
- Commercial developers
- Contractors
- Creditors
- Subcontractors
- Vendors
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.
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 248-986-2290 (Farmington) or 231-486-5600 (Traverse City) or 616-319-4527 (Grand Rapids) to see how our Michigan real estate litigation attorneys can help.