Michigan Property Laws
Land ownership gives you exceptional rights, but private property rights may have limits. Make sure you understand your private property rights before buying land. This could affect where you decide to buy a property and how you use it. When it comes to learning more about your property rights, accredited land consultant Matt Davis of Cushman & Wakefield in San Diego, California, says, „In addition to the personal pleasure you and your family can get from spending time on your property, owning land is a proven way to maintain and increase wealth. By leveraging the expertise of a real estate professional from the outset of your property search, you can be sure that you know what you are buying, what rights others might have that impact the property, and that you can use the property the way you want for generations to come. „The best way to learn more about your property rights or ownership rights of a property you want to buy is to find a land consultant, such as a licensed land consultant in your area with expertise in the real estate market. A final division of property can usually be worked out with the help of an internal relations mediator who facilitates discussion and negotiation between the parties. Always read local agreements and laws carefully before buying land. Hiring a land expert in your area is the best way to learn more about your property rights. Courts consider many factors when dividing property. The most common factors considered are: if a boundary line issue arises between landowners, if the parties agree on the location of a line fence, or if one of the parties surrounds his or her property and erects a fence to serve as a line fence and has actual and exclusive possession of the fence as such, its possession is prejudicial * * *. The relevant fact is one of the intentions, and if the evidence shows that there was an intention on the part of the [owner] to own and enjoy the land up to the claimed line claimed as the true dividing line between the lands, with the consent or apparent acknowledgement as such by [the adjacent owner and his predecessors in title for a period of time, This is sufficient to discharge the burden of proof on the complainant. And if the owner considers and claims the land as his property up to the established line, possession is hostile, although he claims more than he owns and falsely claims.
Although the established dividing line may indeed have been imperfect, if it can be concluded that the fence was considered to be the true line and that ownership of the fence existed, the ownership is detrimental and „does not follow from the admitted possibility of error. In addition to the landowner`s right to use and enjoy his property, it is common knowledge that landowners have the right to allow others to use their property in exchange for some form of consideration, usually money.6 For example, a landowner may enter into a lease that gives another person the right to occupy and occupy the land. Such an interest in the land is „possessive” in nature. Separate property is all property belonging to one of the parties before the marriage and some property acquired during the marriage by gift or inheritance. Separate assets are generally allocated to the party to which they originally belonged. Separate property can become matrimonial property. If the separate property is mixed or mixed with matrimonial property, it may be considered matrimonial property at the time of partition. This includes the owner`s right to sell, lease or use the property in any lawful manner.3 In addition, ownership of oil, gas and minerals in the ground generally includes ownership of oil, gas and minerals in the ground.4 In general, the wording of the instrument used to establish ownership is as follows: binding. And generally, the instrument used is known as a certificate. Although there are different types of deeds, the most common type is a guarantee deed. In Michigan, for example, if the deed simply states that the seller „transfers and guarantees” the described ownership to the buyer, as well as the amount of consideration, it is considered and considered a merely absolute fee transfer to the buyer5 – that is, the transfer of everything the seller owns.
The division of property in Michigan follows the rule of equitable distribution. This means that the property is not divided equally, but the property is divided „fairly” or equitably. There is a presumption that the distribution will be approximately the same and a court must clearly justify its decision to derogate from the Directive `approximately equal`. Keep in mind, however, that neighborhood associations and similar organizations often have agreements that restrict certain activities, so you`ll want to make sure none apply to your property. Alliances can include relatively harmless requirements, such as requiring you to maintain grass visible from the street. Other alliances may restrict activities such as raising animals, running a business, or using chemical fertilizers. Owning land gives you considerable rights over its use, which is one of the biggest attractions for land buyers in any market. However, surface rights do not guarantee that you control access to the ground under your feet or to the air above your head.
Before buying land, it makes sense to conduct a thorough search for titles or mineral rights. You may find that someone else already has the minerals, oil, and other valuables beneath the surface of your property. You will also need to gather information about zoning bylaws related to your property. According to legal experts, „zoning bylaws and restrictions are used by municipalities to control and direct real estate development within their boundaries,” and thus restrict, limit or define the use of a property. On the other hand, there are land interests that are „without ownership”. For example, an easement is classified as a propertyless right to enter and use land owned by another person.7 Of the various types of easements, such as utility and sewer easements, a right of way is most relevant to those interested in access to water and riparian rights. It is important to remember that only a landowner has the right to encumber a property by granting an easement.8 It is therefore always advisable to conduct a title search to determine who is the true owner of a parcel and what rights they have in a property. No one has the right to access your property without permission. You have the right to tell other people that they cannot come to your private property. In Michigan, a person can acquire ownership of real estate even if that person has no deed or legal interest in the property.
The concept is called adverse property and mostly, but not always, occurs due to a border dispute between two neighbors. Negative ownership can also occur due to an intruder in the land occupying the land for fifteen (15) years. To establish adverse possession, a person must prove ownership of the property for a period of fifteen (15) years and prove that ownership was real, visible, manifest, infamous, exclusive, continuous, hostile and under cover or legal claim. This article examines the law that governs opposing property and the elements necessary to establish opposing property in Michigan. If you hold the property in „absolute fee simple,” you essentially own the entire bundle of sticks.