734-359-7018
Now Accepting New Clients!
Blog

REAL ESTATE 72: The court held that the trial court did not err by granting partial summary disposition for plaintiffs-property owners and declaiming that they had exclusive right to use a private road easement.

Defendant developed the Stone Valley Development, a residential development, and conveyed to plaintiffs by warranty deeds Lots 1, 2, 3, 5 and 6. The Stone Valley Development is subject to a Declaration of Easements and Restrictive Covenants (DERC) recorded on September 1, 1999, which, among other things, provided lot owners easements for ingress and egress to their lots via a private road known as Stone Valley Court. Notably, the DERC did not specify that “Remainder Parcel ‘B’ ” be subject to the easement appurtenant to Lots 1 through 7. At some point, defendants began developing “Remainder Parcel ‘B’ ” and used Stone Valley Court to access the parcel for construction purposes and indicated an intention to extend the private road for use as a means of ingress and egress to the new lots which prompted plaintiffs to bring this action to determine their rights to, among other things, Stone Valley Court. The trial court granted plaintiffs summary disposition and defendants now appeal.

STANDARD OF REVIEW

 This Court reviews de novo the trial court’s decision on a motion for summary disposition under MCR 2.116(C)(10). A motion brought pursuant to MCR 2.116(C)(10) tests the factual support of a plaintiff’s claim and is reviewed “by considering the pleadings, admissions, and other evidence submitted by the parties in the light most favorable to the nonmoving party. outcomes.

ANALYSIS

Defendants argue that the trial court erred in determining that the private road easement specified that it ended at Lot 7, and that the easement could not be expanded. In this case, Defendant developed seven lots and created an easement for a private roadway to access the lots by owners. The recorded survey for the development specified the private road easement for Lots 1 through 7. The recorded DERC similarly specified the private road easement for Lots 1 through 7. The recorded warranty deeds conveying to plaintiffs their properties also set forth specifically that the private road easement applied to their respective lots. The language of the recorded warranty deeds, the DERC, and the development’s survey, therefore, are dispositive in this case. There is no ambiguity that the private road easement attached to Lots 1 through 7 alone. Defendants argue that the easement allows for the roadway to be extended and used for more properties that would be developed. We disagree. The record reflects that the Defendant recorded the DERC on September 1, 1999, and incorporated the survey of the land that unequivocally set forth the limits of the easement of ingress and egress and utilities that attached to Lots 1 through 7 alone. The legal description of “Remainder Parcel ‘B’ ” specified a separate easement for the parcel’s ingress and egress. Notably, the easement described for “Remainder Parcel ‘B’ ” differs significantly from those described for the individual lots by stating that that parcel is “subject to the reservation of a perpetual, non-exclusive 66-foot wide easement for the purposes of ingress and egress and the installation and maintenance of utilities” that extended from Cherry Hill Road to the north to the point of origin. The deeds for Lots 1 through 7 on record contain identical language to the lot descriptions in the recorded survey. The trial court correctly determined that the DERC, the survey, and plaintiffs’ warranty deeds established the scope of the private road easement and that it did not benefit “Remainder Parcel ‘B’ ” or any future lots.

ASSISTANCE WITH PROPERTY ISSUES

Are you involved in a real estate dispute in Michigan? Are you seeking resolution to a property litigation matter?

If you are facing a residential or commercial real estate issue, seek the advice of an experienced and skilled real estate litigation attorney at Aldrich Legal Services.

Contact Aldrich Legal Services

Speak to a Pro: (734) 404-3000

PROBATE 42: Dissolution of professional corporation.

This case involves the estate of a doctor whose professional corporation also had to be dissolved upon his death. The personal representative of the estate sold the company’s assets but did not pay off the company’s debts before transferring the proceeds to the estate and distributing them to the heirs.

REAL ESTATE 73: Quiet title action.

This case involves a dispute over real property located in Michigan. W and V who are D’s parents, acquired the property. In 1999, W and V conveyed the property to the Trust, to which W is the sole trustee, via a quit claim deed. At some point...

How Is Alimony Determined In A Michigan Divorce?

Originally posted on 06/22/2018. When filing for divorce in Michigan, you may seek alimony, spousal support, from their spouse whenever they require financial aid. A judge may order your spouse to pay certain alimony. However, it depends...

Is My Conviction Eligible for Expungement?

Originally posted on 10/11/2019. At one point or another, we have all made mistakes. For some people, those mistakes involved breaking the law. Convictions have a large impact on someone’s life. Beyond the sentencing ranging from...

PROBATE 45: The court held that the probate court did not err by granting summary disposition for Plaintiff, or by denying Defendant’s request for an extension of the discovery period, adjournment of mediation, and issuance of subpoenas and by dismi

This case arises out of competing petitions for probate. On November 19, 2018, Defendant initiated this case by filing a petition for probate, attaching Decedent’s death certificate and purported last will and testament, dated March 9, 2007,...

DIVORCE 57: Holding that the trial court’s factual findings were not supported by the record evidence, and thus could not stand, the court reversed, vacated the portion of the Amended Default JOD ordering defendant to pay $3,325 to plaintiff, and re

Plaintiff first testified that she and defendant purchased the marital home in 1995. At the time the first default judgment of divorce was entered in September 2017, plaintiff had the home appraised. The value of the home was determined to be...

FAMILY LAW 68: The court held that the satisfaction of the statute relating to the termination of parental rights does not necessarily provide clear and convincing evidence in a parenting time dispute that a child will be harmed by reintroduction to

In a separate case, defendant’s parents filed a petition to terminate plaintiff’s parental rights and adopt RM on the ground that plaintiff had been absent from RM’s life for over three years. One month before the petition was...

FAMILY LAW 66: The court affirmed the trial court’s retroactive child support modification as to the second credit to which plaintiff-mother admitted at the referee hearing, and reversed and remanded as to the trial court’s equitable abatement of th

The parties have two children in common, and both children are now adults. The parties were never married, but plaintiff was granted custody and defendant was ordered to pay child support. After the youngest child turned eighteen, defendant sought a...

FAMILY LAW 65: The court held that because the ECE was not altered by the change of school districts, the referee properly applied the preponderance of the evidence standard when reviewing the best interest and parenting time factors.

BASIC FACTS The parties divorced in 2018. Their judgment of divorce provided that plaintiff would have primary physical custody and that the parties would have joint legal custody of the two minor children. The judgment of divorce stated that the...

FAMILY LAW 64: The court reversed the trial court’s order granting joint physical and legal custody of the parties’ children to defendant-father, concluding that the trial court improperly conflated his motion to change custody with plaintiff-mother

The parties divorced in 2013. The judgment of divorce granted mother sole physical and legal custody and ordered that the child’s domicile would remain in Michigan. In 2015, the trial court granted mother’s motion to change domicile,...

5 Common Misdemeanors Affecting People in Michigan

Originally posted on 11/08/2019 There are many different levels of crime and the consequences once someone has been charged with them. One bracket of crimes is known as a misdemeanor. Let’s go over this level of crime and some common...

PROBATE 44: The court held that the probate court did not err by declaring a will executed by the decedent invalid on the basis that she lacked testamentary capacity to execute it and that it was the product of petitioner’s undue influence.

Defendant and Decedent met in August 2017. In approximately November 2017, Decedent began talking constantly about wanting Defendant to take her to see an attorney for the purpose of changing her will. On March 19, 2018, Defendant filed a petition...

Michigan Expungement Law Updates For 2021

There has been a new law regarding expungements for the state of Michigan.  Gov. Gretchen Whitmer signed legislation that expands the criteria for expungements related to traffic offenses, marijuana convictions, and minor...

Wills and Trusts

Originally posted on: 02/14/2014 Aldrich Legal Service provides legal advice and representation for residents in Plymouth, Ann Arbor, and Southeast Michigan. We also review recent legal cases to examine what took place and what we can...

REAL ESTATE 68: Holding that plaintiffs-buyers’ allegations of fraud in this case arising from the sale of a residence did not preclude the trial court from granting defendants’ motion for summary disposition based on a release, the court affirmed.

This cause of action arises from plaintiffs’ purchase of a residence from defendant, who had rights in the house under a land contract from co-defendant, the legal owner of the house. Before the house was for sale, in January 2018, an upstairs...

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