734-359-7018
Now Accepting New Clients!
Blog

Conflicting property surveys create boundary line dispute

Giving deference to the trial court's conclusion that one of the surveyors (R) was the more credible witness, the court was not left with a definite and firm conviction that the trial court erred in ruling that R's survey correctly placed the boundary line. The court also upheld the trial court's award of $12,603.49 in damages to the defendants. The parties owned adjoining lots on a lake. This dispute arose in 2004 when plaintiff was preparing to build a house on her lot. A new survey was completed, which indicated that defendants' septic tank encroached on her property. She filed suit, seeking removal of the septic tank and damages for defendants having removed trees from the disputed area. Defendants counterclaimed to quiet title. The trial court originally granted defendants summary disposition on the basis of acquiescence, but the court reversed and remanded. The case was essentially one of opposing surveys - the K survey, prepared for plaintiff, versus the R survey, prepared for defendants. On remand, the trial court found that the "overwhelming evidence" supported the R survey and it "adopted that as the one that properly reflected the platted boundary line." The trial court specifically found that R's testimony was more persuasive and more credible than K's testimony. It also concluded that the R survey "more accurately took into account the traverse line and the platted lot width." The court found that the trial court's reasoning behind accepting the R survey "with respect to how it accounted for the traverse line and the platted lot width strongly supports the trial court's conclusion." Thus, it affirmed the trial court's holding that the R survey accurately determined the platted boundary line. Plaintiff also objected to the damages award, claiming that defendants presented inadequate substantiation for the costs incurred. The primary focus of her argument was "that the substantiation was based upon the charges appearing on reservation forms and billing statements and were not substantiated by cancelled checks." However, she presented no authority for the proposition that costs must be substantiated by presenting the cancelled checks, and the court was not aware of any such authority. The court also rejected her contention that R's bill was inaccurate because the summary conflicted with the detailed billing and thus, should have been rejected by the trial court.

Basic responsibilities of an executor

Originally posted on 01/11/2017 The emotional toils of dealing with the death of a loved one can be considerably difficult. Nevertheless, perseverance is paramount; especially if you are appointed to be an executor to one’s...

What you need to compliment your will

Originally posted on 02/08/2017 Making end-of-life plans usually end with a will, but they shouldn't. Some believe that simply having a will is enough. However, this post will briefly explain how having other estate planning...

The benefits of home health care providers

Originally posted on 03/22/2017 As we get older or suffer an injury, we need a little extra help. Home health care providers or caregivers can provide the assistance needed to handle your or your loved one's health and safety...

What to know about bail conditions

Originally posted on 03/06/2017 If you have been arrested and are being held on the suspicion that you have committed a particular crime, chances are that the only thing you are thinking about is getting out of jail as soon as possible and...

College students and estate planning

Originally posted on 12/16/2016 With college semesters starting up in Michigan, it may not be so easy to get college students to think responsibly. This time can be especially tough with the need of moving back to school and getting...

Three reasons to put a power of attorney in place

Originally posted on 11/08/2016 While no one wants to think of the unfortunate possibility of being incapacitated or of a time when we can't handle our own affairs, this circumstance is a real possibility. If something happens and this...

How to approach parents about estate planning

Originally posted on 12/09/2016 Family forms a strong foundation for many people's first and most intimate community. It is important to strengthen these first relationships so even uncommon questions become natural. For those...

PROBATE 44: Petition for Mental Health Treatment

Michigan’s Mental Health Code governs the civil admission and discharge procedures for a person with a mental illness. Specifically, MCL 330.1434 sets forth the procedure and content requirements for a petition for mental health treatment.

Should you get your criminal record expunged?

Originally posted on 04/12/2017 If you have been convicted of a crime, have served your sentence, and have followed all court recommendations, you should be able to put your past behind you and move on with life. Moving forward is critical...

Choosing the right executor for an estate

Originally posted on 05/28/2017 When people are thinking about planning their estate, they often think about trying to minimize the estate tax, keeping their will updated, and keeping items out of probate court; however, there is another...

Understanding how the Miranda warning works

Originally posted on 11/25/2016 Michigan residents who have seen television police shows or movies involving law enforcement have no doubt watched many dramatic scenes with officers quoting something to the effect of, "You have the...

Don't let a bad decision, unfair contract, or a messy divorce get in the way of a promising future!
Contact the experienced team at Aldrich Legal Services today to schedule your free initial
consultation
and secure reliable and trustworthy representation today!
Get the Help You Need From a Team You Can Truly Count On: (734) 404-3000
734-237-6482
734-366-4405